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Legal advice - Letting agents contact details.

I posted recently about trying to get our deposit back from our letting agent: (apparently I can't post a link, but you could access this through my profile).

To summarise:

Our letting agents still hasn't returned our deposit after 2 months and we have discovered that it was not protected.

As suggested we sent a 'letter before action' but have not heard anything back. The problem is we have found out that the company has ceased trading. Although we have an email address that we know works we no longer have phone contact with the letting agent. We have the Landlady's number and she is trying to help us but we don't have any other details.

It seems that the address we have for the letting agent is no longer valid (due to the company ceasing trading). We don't have an address for the landlady either.

My question is:

How can we get an address to serve legal papers to in order to pursue a claim?
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Comments

  • robk87
    robk87 Posts: 11 Forumite
    Sorry, forgot to put a please and a thanks in advance in there!

    Also, apologies for the apostrophe crime in the title.
  • mrginge
    mrginge Posts: 4,843 Forumite
    it's very nice of the landlady to be helping you out. However, she is the one who is responsible for the deposit, not the agent.
    Perhaps you should have a nice little chat with her and explain that you will be directing your letter before action to her unless she coughs up.
  • robk87
    robk87 Posts: 11 Forumite
    mrginge wrote: »
    it's very nice of the landlady to be helping you out. However, she is the one who is responsible for the deposit, not the agent.
    Perhaps you should have a nice little chat with her and explain that you will be directing your letter before action to her unless she coughs up.

    Thanks for the reply.

    The problem is we don't have her address, just her name and phone number.

    I can't imagine she will happily hand over her address...
  • terryw
    terryw Posts: 4,396
    Combo Breaker First Post First Anniversary
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    Forget about the letting agent. It is the landlord/ladies responsibility to safeguard the deposit in a scheme.

    Ask her for the address. If you get a refusal contact the local council - they will have a department who deals with errant landlords.

    Once you have this address use letter from now on. No phone calls or texts or facebook etc. Keep copies.
    "If you can bear to hear the truth you've spoken
    Twisted by knaves to make a trap for fools"
    Extract from "If" by Rudyard Kipling
  • terryw
    terryw Posts: 4,396
    Combo Breaker First Post First Anniversary
    Forumite
    Also be proactive. Obtain a copy of the Land Registry information. This could well show the address. If it does not and only shows the address of the dwelling where you live then that is the address to which you should serve any letters, summons etc.
    "If you can bear to hear the truth you've spoken
    Twisted by knaves to make a trap for fools"
    Extract from "If" by Rudyard Kipling
  • robk87
    robk87 Posts: 11 Forumite
    terryw wrote: »
    Forget about the letting agent. It is the landlord/ladies responsibility to safeguard the deposit in a scheme.

    Ask her for the address. If you get a refusal contact the local council - they will have a department who deals with errant landlords.

    Once you have this address use letter from now on. No phone calls or texts or facebook etc. Keep copies.

    Thanks.

    Not that I mean to question you, but how sure are you about this? I know that as soon as we mention that we are claiming the money off her she will stop contacting us. I don't want to risk !!!!ing her off unless I definitely know I will be able to get her address/ details as at the moment she is the only link we have to the agent.
  • mrginge
    mrginge Posts: 4,843 Forumite
    robk87 wrote: »
    Thanks for the reply.

    The problem is we don't have her address, just her name and phone number.

    I can't imagine she will happily hand over her address...

    but your tenancy agreement had a contact address for the landlady on it (even if it was c/o the LA)
    So you ring her up. Tell her that she is responsible, Confirm that you have her correct address as per the tenancy agreement. Send your letter to that address. After X days, start a moneyclaim.
    Job done.

    I take it that she didn't protect your deposit either?
  • robk87
    robk87 Posts: 11 Forumite
    mrginge wrote: »
    but your tenancy agreement had a contact address for the landlady on it (even if it was c/o the LA)
    So you ring her up. Tell her that she is responsible, Confirm that you have her correct address as per the tenancy agreement. Send your letter to that address. After X days, start a moneyclaim.
    Job done.

    I take it that she didn't protect your deposit either?

    The address on the agreement is the letting agent's address.

    I think I'll leave it for tonight then text her tomorrow telling her we have been advised that it is her we would need to take action against.

    The good news is that she still owns the property so if the worst comes to the worst we can serve legal papers to that address.
  • robk87
    robk87 Posts: 11 Forumite
    terryw wrote: »
    Also be proactive. Obtain a copy of the Land Registry information. This could well show the address. If it does not and only shows the address of the dwelling where you live then that is the address to which you should serve any letters, summons etc.

    Thanks for the reply again.

    I'm going to ring/ text her tomorrow letting her know of the situation (ie. she is liable). I'll then give her a couple of days to sort it. If it's not sorted I'll ask her for an address to serve legal papers to and failing that I will send them to the address of the property she owns.
  • terryw
    terryw Posts: 4,396
    Combo Breaker First Post First Anniversary
    Forumite
    robk87 wrote: »
    Thanks.

    Not that I mean to question you, but how sure are you about this?t.


    Because I do. And I search MSE. And I can use Google.

    Here's a link provided by the government:
    https://www.gov.uk/tenancy-deposit-protection/overview

    There are loads of other links.

    If I have been helpful please press the thanks button. Thank you
    "If you can bear to hear the truth you've spoken
    Twisted by knaves to make a trap for fools"
    Extract from "If" by Rudyard Kipling
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