Estate Agent will not return money!

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  • Estate Agent will not return money!

    Hello everyone,

    I am looking for advice and or help. Atkinson Mcleods, an estate agent in east london, found a tenent and rented out a flat for me.

    The AST was for 12 months with an option for the tenent to leave in 6 month. The estate agents took their fee as a percentage of 12 months rental income.

    I had a feeling that the tennent was going to leave at 6 month. I insisted that the estate agent inserts a clause that meant that they would pay me back 6 months worth of fees if the tennent left early. They eventually agreed and they added this.

    The tennent did leave early and 8 months later the estate agents Atkinson Mcleods still will not return my money. I have called them many times before and they keep on insisting that they will return the money and a few weeks later nothing arrives by post.

    I have recently sent them a later threatening legal action and they have once again ignored this.

    What should I do?

    Thanks in advance.

    Ash

  • #2
    Are they members of ARLA or any other organisations? If so, try contacting them. Otherwise, you will need to make a clain in the small claims court or to seek assistance from a solicitor. Also consider reporting the matter to the local newspaper in the area in which they operate.
    Private advice is available for a fee by sending a private message.

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    • #3
      Originally posted by Hashbrown3
      I have called them many times before and they keep on insisting that they will return the money and a few weeks later nothing arrives by post.

      I have recently sent them a later threatening legal action and they have once again ignored this.
      Ash
      Phone your local county court, ask them to send papers for the small claims court. Fill these in then phone the agent, tell them you will be in their office at a specific time and you expect a cheque. Be there, if they don't have a cheque waiting for you, show them the court documents, tell them that they will be entered that same day and leave. If they don't chase after you with a cheque, file the papers and leave it to the court.

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      • #4
        Thanks for the reply guys. The Agents, Atkinson Mcleods, seem superficially respectable. You can go to their website and they are full members of all the Estate Agent organisations like ARLA etc.

        I have had a look at the small claims court thing and it seems so very drawn out.

        Will seek legal advice I guess.

        Thanks,
        Ash

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        • #5
          Hashbrown3. Just make a written complaint to:

          David Oliver
          Compliance Officer
          The National Association of Estate Agents
          21 Jury Street
          WARWICK
          CV34 4EH

          enclosing all the paperwork concerning your case. It's free and you will receive a response. It won't be able to get any financial redress (yet - but it's coming) but it will mean they might get fined for breaches under their
          Rules of Conduct.
          The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

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