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Byrdewear
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Last Activity: 27-02-2020, 05:47 AM
Joined: 05-05-2019
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  • Byrdewear
    replied to Is this theft?
    JP- I agree; the agent should have written to the tenants to explain why the deposit has been retained. The agent initially told me verbally that they were in dispute with the tenants but now (after being sacked) maintaining that the tenant has not chased the money which is ludicrous. They are refusing...
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  • Byrdewear
    replied to Is this theft?
    Maybe I’m struggling to come to terms with the fact that I’ve been fleeced by a rogue agent and those tenants who caused us havoc walked away with very little penalty.
    Before someone jumps in to say about this being part and parcel of being a landlord, this happened just before we migrated...
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  • Byrdewear
    replied to Is this theft?
    Hi JP,
    The tenants don’t deserve to get it back because of providing false and misleading info and their intention to let was proven with evidence so they haven’t pursued the deposit. Even TFA2019 allows the retention of holding deposit in the event of tenant providing false/ misleading info....
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  • Byrdewear
    replied to Is this theft?
    DPT57- I did look at the relevant relevant clause on the TPO Code for this- they can only deduct expenses related to referencing; nothing more than that

    NukeCad- of course I’m miffed that they didn’t pass it onto me nor did they even tell me how much it was- isn’t this against the...
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  • Byrdewear
    replied to Is this theft?
    Nukecad - regarding your first sentence, I don't see how this can be fraud against the prospective tenant - in fact, the tenants committed fraud by advertising my property for subletting.
    I was the innocent one dealing with the two fraudsters
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  • Byrdewear
    replied to Is this theft?
    Hi Nukecad, with regards to your last sentence, it did cost me financially - we took the property off the market for more than four weeks for these tenants. Just before they moved in (prior to signing the agreement), I found out about the intention to sublet (by seeing my home being advertised on FB)...
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  • Byrdewear
    replied to Is this theft?
    This is what is defined by the Fraud Act 2006: 3. Fraud by failing to disclose information

    A person is in breach of this section if he—

    (a)dishonestly fails to disclose to another person information which he is under a legal duty to disclose, and

    (b)intends, by failing to


    ...
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  • Byrdewear
    replied to Is this theft?
    Thanks MdeB,
    where do I find the law of agency- it’s not on legislation.gov
    do you think police will be interested in investigating fraud? Thanks...
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  • Byrdewear
    replied to Is this theft?
    Nukecad, I’m accusing the agent of theft of the holding deposit
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  • Byrdewear
    replied to Is this theft?
    Thanks JK0; I’m not necessarily concerned about how the police will handle it but wanted a consensus/opinion on whether this is theft or not.
    Thanks...
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  • Byrdewear
    started a topic Is this theft?

    Is this theft?

    Hi all,
    I previously posted on this topic but recently one of my colleagues gave me a different perspective so wanted to reaffirm the advice that I received from the forum.

    Background:
    1. New landlord; property in outer London
    2. Contracted an agent to find a tenant last...
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