Agents Went Bust (More Info)

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    #16
    Originally posted by borisb View Post
    Just to let people know I have been advised by a solicitor that as the money is held as a 'stakeholder' I can't claim it back from the landlord. If it was held as an agent I would have been able to reclaim the money. I now have to pay the landlord.
    Question; do you think your solicitor is right? Solicitors opinions vary....thats why they have court cases where each side thinks they are right. Paul F has respected experience and legal contacts in letting. This goes against his advice in the post above. I would think carefully about giving money back if you are not sure.
    All posts in good faith, but do not rely on them

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      #17
      Boris, the agent is acting on the landlord's behalf as been pointed out in these posts. Whatever the legalities here, morally it's not your problem, one of them has your money.

      If you dig your heels in then it's up to the landlord to take you to court at his expense. While he's running around doing this there is every chance that this situation may be resolved anyway. You may have moved on by then. Trust me, there's a good chance he won't go that far. If you think he's serious then offer to meet him halfway, you never know. See the previous post from Bel.

      It pains me to say this as a landlord because this is happening to me at the moment; one of my (ex) agents has 3 bonds plus several months rent. Some of the properties that we are taking over to manage were previously managed by Yeoman Edwards (Lord Lucan) who ran off with £200k. One landlord was owed £7,000

      There are references to this on this site and my blog http://isis-cardiff.blogspot.com

      rewop
      If you are not offended by what I say then please tell me so that I can try harder next time.

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        #18
        Plan

        I've now received advice from the Shelter helpline. They have stated I am not within my rights to withold the rent.

        However I am able to sue the landlord for non return of my deposit. They informed me it's still the landlords repsonsibility to return my deposit, event hough it was held as a 'stakeholder' by the landlord. They said I could do this even though it was held as 'stakeholder'.

        What do people think?

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          #19
          Originally posted by borisb View Post
          I've now received advice from the Shelter helpline. They have stated I am not within my rights to withold the rent.

          However I am able to sue the landlord for non return of my deposit. They informed me it's still the landlords repsonsibility to return my deposit, event hough it was held as a 'stakeholder' by the landlord. They said I could do this even though it was held as 'stakeholder'.

          What do people think?
          I wouldnt part with cash as you will have so much hassle going to court to claim it back.

          You must convince the LL that she must honour the deposit and settle (hopefully) between yourselves.
          All posts in good faith, but do not rely on them

          * * * * * ** * * * * * * * * * * * *

          You can search the forums here:

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            #20
            Actual tenancy info

            The actual tenancy states:
            The tenant shall pay on the signing hereof a deposit of XX to the Landlord's Agents to be dealt with in accordance with clause 5(b).

            Clause 5(b) states
            'The agents shall hold the deposit herein before referred to throughout the term of the tenancy hereby created as stakeholder as security for compliance by the tenant with the obligations of the tenant under this agreement and the payment holding and use the same shall be without prejudice to any other rights and remedies of the landlord whether express or implied.'

            Surely this states the landlord is responsible for returning the depsoit to me as it refers to the 'Landlords agents' not the tenants, I understand it's still held as a stakeholder for security.

            Comment


              #21
              more info

              Another extract:
              As soon as practicable after the detemrination of the tenancy (howsoever the same may be determined) the agents shall retain (and account to the Landlord for) such part of the deposit the agents shall deem necessary to enable the landlord as at the date of such determination to make good any breach or non compliance by the tenant.

              Comment


                #22
                Originally posted by borisb View Post
                Another extract:
                As soon as practicable after the detemrination of the tenancy (howsoever the same may be determined) the agents shall retain (and account to the Landlord for) such part of the deposit the agents shall deem necessary to enable the landlord as at the date of such determination to make good any breach or non compliance by the tenant.
                As Agent is not a party to Letting Agreement (L and T parties), Agent cannot be bound by its burdens AND can take its benefits only if Contracts (Rights of Third Parties) Act 1999 applies.
                JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                4. *- Contact info: click on my name (blue-highlight link).

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