Can I take a legal case against the agent instead of the landlord re deposit

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  • Can I take a legal case against the agent instead of the landlord re deposit

    Hi
    I have recently completed a tenancy in Scotland (so no deposit protection scheme). We moved out about 2 weeks before the actual tenancy date but paid rent to the end obviously.

    When we moved out we were contacted by the letting agent to arrange a move out inspection. We had vacated the property, cleaned it etc.

    So we had the move out inspection - no issues were raised, they actually said it was in great condition. We returned all our keys. They confirmed the next day by email they would return the deposit.

    The on the actual end date of the tenancy some weeks later someone else from the agency went to the house and claimed there was damage we were to pay for.

    This is damage we know we did not cause. The agent didn't do an inventiry when we moved in but we did one ourselves.

    we have been advised the best course of action if we cannot resolve the situation is to go to the small claims court. The problem is we have to make a claim against the landlord, and the agent won't give us his address. We have emailed the agent and sent a recorded delivery letter requesting this information.

    Is there any other way we can get the info? I have tried the council but they do not have his details on record.

    Anyone have any ideas what we can do next? I am quite worried because now the agent has started sending us random values for repairs to be done for which we are not responsible.

    Thanks

  • #2
    Check with landlordregistrationscotland & see if the property is registered. If so it should have landlord address. If not you have something-like-blackmail against agent: fine for noncompliance is now £50k Max.

    Think I'd start small claims action, send draft forms to agent &c/o agent for landlord if no address
    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

    Comment


    • #3
      NB to check registration the website is
      www.landlordregistrationscotland.gov.uk

      ... further, when you started the tenancy you should have been served an AT5 form... which must contain LL name & address. Check your files??

      Cheers!
      I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

      Comment


      • #4
        Thanks very much for this.

        I hadn't checked the AT5 I just checked the contract document. I'll check that tonight and hopefully its there. Otherwise we will look to take action against the agent for non compliance.

        Do you know what they are non-compliant under in terms of what regulation are they not complying with?

        Thanks again

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        • #5
          In case anyone is interested its Section 327 of the Housing (Scotland) Act 1987 which requires the address to be provided.

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          • #6
            Can I take a legal case against the agent instead of the landlord re deposit

            Hi

            My letting agent won't provide me with my landlords address so I can make a claim in small claims re an illegally retained deposit.

            We paid the money to the agent and they hold the cash - the landlord is not replying to me or the agent (apparently)

            Can I make a claim against the agent in the event I can't track down the landlord. The landlord has sold the property and the new owners have moved in so I have no means of contacting him and he has been removed from the landlord register.

            Thanks

            Comment


            • #7
              The landlord has sold which property?
              Allow tenants to protect their own deposits. I want free money when they do it wrong

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              • #8
                Land Registry should have the residential address of your old landlord, I think it has historic owners. Costs about £4.

                I think you should get a copy of your Letting Agreement and go see a solicitor, as the letting agency by law has to provide an address on which to serve notices on your landlord. Which is in most cases the landlords address or letting agents address (in which LA is obliged to pass on notices).

                Comment


                • #9
                  the landlord has sold the property we used to rent.

                  I looked at the land registry but I am not sure how to progress this in Scotland - I can't find the same £4 service as there is in England and Wales - any ideas?

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                  • #10
                    Please post in the SCOTTISH section of the forum.

                    Comment


                    • #11
                      Sorry, I have no idea. Their is a special forum though for Scottish Rental & Legal Issues. Who'm may be able to help.

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                      • #12
                        Originally posted by Jen80 View Post
                        In case anyone is interested its Section 327 of the Housing (Scotland) Act 1987 which requires the address to be provided.
                        Thanks: Unfortunately as you have moved out you are no longer a tenant so it doesn't apply: But chances are the agent may not understand such things.. (ah, bless.....).

                        Was the property registered?? Was your question on non-compliance a reference to it not being??
                        I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                        Comment


                        • #13
                          Two related threads merged.
                          I also post as Mars_Mug when not moderating

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