End of contract- deposit passing from LA to LL

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    End of contract- deposit passing from LA to LL

    I am coming to the end of a two-year rental agreement. I have agreed with the LL that we will extend the tenancy, however we do not want to do it through the LA due to fees, etc.

    My question is, what happens to the deposit if the LA is out of the picture?

    The LL "believes" that the deposit will be released to me and I have to give it to him to lodge under his own DPS agreement. The LA will request a fee (£25) to release the deposit to me. I've looked through my contract but it doesn't say anything specific as to this scenario.

    #2
    Your landlord should tell his agent to transfer the deposit into his DPS account.

    Comment


      #3
      Your landlord is unlikely to find it easy / cheap to continue with the same lease without the agent's involvement.
      When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
      Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

      Comment


        #4
        Originally posted by Sunlight View Post
        The LA will request a fee (£25) to release the deposit to me. I've looked through my contract but it doesn't say anything specific as to this scenario.
        Do you mean about charging a fee to release the deposit to you? If so then they can't charge you (not sure that they could or should do so anyway...) Are you sure that the proposed fee is for releasing the deposit, or is it maybe some sort of fee to release you from the contract? As jpkeates says, it's unlikely the agent will just give up the contract, they almost always have a clause tying the landlord in for the duration of your tenancy. Do you know?

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          #5
          The tenancy is coming to an end, so my understanding is that LL wants to sever ties with LA. I don't know the specifics of their contract; I assume it will come to an end at the same time as the rental agreement between me and the LL.

          It does sound suspect that they will charge me a fee for releasing the deposit, so I would like a view on this from members.

          My main concern though is that my deposit is protected during this process.

          Comment


            #6
            Originally posted by jpkeates View Post
            Your landlord is unlikely to find it easy / cheap to continue with the same lease without the agent's involvement.
            Originally posted by Ericthelobster View Post
            As jpkeates says, it's unlikely the agent will just give up the contract, they almost always have a clause tying the landlord in for the duration of your tenancy. Do you know?
            From what is written, I understand that the landlord intends to wait until the end of the fixed term, and then come to their own arrangement.
            I don't know how the agent would be able to do if he is unhappy.
            Allow tenants to protect their own deposits. I want free money when they do it wrong

            Comment


              #7
              Originally posted by Sunlight View Post
              My main concern though is that my deposit is protected during this process.
              Think about this in more detail.

              Your deposit is currently protected, we assume. You hope it will be protected for the new tenancy, but by a different entity - the Landlord, as opposed to the Agent.

              You appear to be doing all the running around and asking the questions regarding the mechanics of how this will work - but it is not your problem.

              You do not have to worry about this. The Landlord has to worry about this. You cannot be charged anything for the return of your deposit, if that is what is to happen - it first comes directly to you. If the Landlord requests (instructs) that the Letting Agent transfer the deposit to them, that's all well-and-good - you may not even need to be involved.

              However, consider the worst case scenario... for some reason the deposit is returned (somewhere) and ends up with the Landlord (somehow) and it doesn't get protected properly... the downside for you?

              None.

              The Landlord would be entirely at fault and you would - in the end - be assured of getting your deposit back and even receiving additional money, in the form of a penalty.

              You are asking questions from a perspective where you seem to think you are responsible for doing this right. Leave it to the other parties. If they cock it up - sue them. It's not hard... if they cock it up, they deserve the penalty.

              Comment


                #8
                Originally posted by Sunlight View Post
                The tenancy is coming to an end, so my understanding is that LL wants to sever ties with LA. I don't know the specifics of their contract; I assume it will come to an end at the same time as the rental agreement between me and the LL.

                It does sound suspect that they will charge me a fee for releasing the deposit, so I would like a view on this from members.
                Sorting this out is the landlord's problem.

                The landlord has to return your deposit (and protect it etc).
                If they use an agent for that, that's up to the landlord, but it doesn't stop it being their responsibility.
                If you didn't get it back when your lease ends it's the landlord you would sue, not the agent.

                If you decline to pay the agent's "fee" none of that changes.
                When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                Comment

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