Tenancy ended, T vacated, Agent won't send deposit

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  • Tenancy ended, T vacated, Agent won't send deposit

    I left a property on 19th march signed a form saying i left it in good condition. I was told i would have the deposit within a month as this was a legal requirement. I have been told many times the cheque has been sent but there is still no sign. I have been dealing with the landlords agent. Where should i go from here?

  • #2
    Originally posted by Joey_Manningtree View Post
    I left a property on 19th march signed a form saying i left it in good condition. I was told i would have the deposit within a month as this was a legal requirement. I have been told many times the cheque has been sent but there is still no sign. I have been dealing with the landlords agent. Where should i go from here?
    Small Claims Court, part of County Court.
    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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    • #3
      Should i make the claim against the agent or the landlord?

      Comment


      • #4
        Originally posted by Joey_Manningtree View Post
        Should i make the claim against the agent or the landlord?
        Where is your money- which one of them has it?
        Best to issue proceedings against both, to be on safe side, then let them squabble between themselves.
        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).

        Comment


        • #5
          The action should be taken against the landlord as it was with him that you had a contract. You had no contract with the agent - only the landlord had one, so if the agent has indeed got your money, you claim off the LL and he sues his agent.

          P.P.
          Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.

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          • #6
            The deposit is held by the agent on behalf of the landlord

            Comment


            • #7
              Are they saying that they sent the cheque but it got lost in the post? Can you ask them to cancel previous cheque and send you a new one.

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              • #8
                They did say the cheque was sent on 23rd march then 12th april then 15th. On monday this week they have apparently sent a bacs i should have the funds in my acc friday at the latest but i still think they are lying.

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                • #9
                  If it was sent via bacs then you would have the money the same day, If it was sent via bank transfer then Friday at the latest.

                  Give them until Friday, if not in your account, DECLARE WAR via the small claims court.

                  Comment

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