help :( Deposit release... think my agent screwed me over

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    help :( Deposit release... think my agent screwed me over

    Hello everyone, hope everyone is ok... this is going to be a bit long. I apologise in advance.

    don't know where to start, i rented out a property through {Mod - name removed} using the find only service. Agreed a 6month tenancy with a tenant,finishing in Nov 12. my tenant left the property without giving me any notice when his AST had finished. when i came to check my rental payments in jan, i had realised i had not been paid the rent for the past 2months (i thougt the tenant was still living there). I tried contacting the tenant to no avail, so i had the locks changed as i had never had the keys back.

    I went to {Mod - name removed} and told them what had happened and told them to re advertise. I also asked them to release the deposit to me as i had to have locks changed and loss of rent. They agreed to release.

    it is now april and i have still not received the deposit. I emailed the head office who told me that they need confirmation from both parties. I told them that how can i get this when i can not contact the tenant.

    I rang {Mod - name removed} again today and they gave me another mobile number. I finally got through to the tenant who told me he emailed {Mod - name removed} and told them he was leaving and gave the keys back to them in Nov before he went Poland. i'm waiting on the emails from the previous tenant.

    What can i do if i never receive the emails? I can not explain how angry i am as i have used {Mod - name removed} before and never had any problem and my family gives them alot of business.

    any advice would be greatly appreciated.

    #2
    Please refer to the forum rules, in particular ‘Terms and Conditions of Use’ item 11.

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    I also post as Mars_Mug when not moderating

    Comment


      #3
      my apologies..should have said the letting agent.

      Comment


        #4
        I've had the email from the previous tenant which he sent to the agent giving his notice to leave.

        Any suggestions of what to do?

        Comment


          #5
          If the property was let on a tenant-find-only basis, why was the agent involved at all after the point at which the tenant moved in?

          Also, the tenant doesn't need to give you any notice of leaving at the end of the fixed term.

          Comment


            #6
            The only time they were involved was when the tenant emailed them and not me and returned the keys to them.

            Comment


              #7
              Assuming the let is in England or Wales.

              The Agent shouldn't have the deposit. It should be in one of the Deposit Protection Schemes. Assuming it is, then the agent has no control on it's release. You'll need to apply to them to release mnies for the any damage caused to the property. Unless the tenancy stated that the deposit could be used to pay owed rent then you can't claim for that. You'll have to sue the tenant.

              As already stated, a tenant doesn't have to give any notice if they leave on or before expiry of the tenancy. It's polite to do so, but not a legal requirement.

              From your posts it sounds like you need to look at how you manage you business assests. Although, the agent should have really contacted you to say they had your keys.
              There is always scope for misinterpretation.

              If my posts can be interpreted in two ways, one that makes you feel angry and one that doesn't, I meant the latter.

              Everyday is an opportunity to learn something new.

              Comment


                #8
                I know I messed up...will learn from my mistakes..I'm only 25, managing 5 property's and working 2 jobs.

                The deposit is with TDS but through the agents.

                Comment


                  #9
                  Contact the TDS then.
                  There is always scope for misinterpretation.

                  If my posts can be interpreted in two ways, one that makes you feel angry and one that doesn't, I meant the latter.

                  Everyday is an opportunity to learn something new.

                  Comment


                    #10
                    Originally posted by vimal1 View Post

                    The deposit is with TDS but through the agents.
                    In your fist post you wrote the agents were on a "find only" basis. So why did you let them take the deposit? It seems they though they were doing more than find only. But in this case, their negligence in not notifying you when the tenant notified them seems even greater.

                    This is just my personal opinion and not based on any law: If the agent accepted the keys from the tenant, that puts them in a position of responsibility to you. You could tell them nicely about their negligence/liability and request compensation. My guess is someone at a junior level messed up. You need to find the head honcho and talk to and write to that person nicely.

                    Comment


                      #11
                      They've always done that...they register it and we pay the fee? Should they not be doing that?

                      I was going to email the manager so I have everything on record. As you said above, If they accepted then its their responsibility to contact me. I would have given it to them to advertise again anyway.

                      Comment

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