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    • MrsJam
    • By MrsJam 17th Jun 17, 7:18 PM
    • 105Posts
    • 146Thanks
    MrsJam
    Letting Agent not giving Landlords deposit back
    • #1
    • 17th Jun 17, 7:18 PM
    Letting Agent not giving Landlords deposit back 17th Jun 17 at 7:18 PM
    Hi

    Just wondered where we stood with this.

    OH has a property which he rents out.

    Local letting Agents found him a tenant approx 5 years ago, tenant paid LA the deposit, which I assume they paid into a Landlord deposit scheme.

    Tenant leaves in October 2016 giving less than a weeks notice, she asked for her deposit back.

    As the house was left in a state and needed repairs, new decor and carpets we declined and have not heard from tenant since.

    However, despite requesting deposit from LA we have not received the deposit.

    LA says we have to wait 6 months from when tenant left in case she disputes not getting her deposit back, is this true?

    OH rang LA a few weeks once again requesting the deposit, he was told it would be paid into his bank account within 5 working days.

    Well its not been paid into account.

    Is there anything we can do to get this LA to pay up?

    Thanks in advance if you can offer any help.
Page 1
    • FBaby
    • By FBaby 17th Jun 17, 8:19 PM
    • 15,675 Posts
    • 39,199 Thanks
    FBaby
    • #2
    • 17th Jun 17, 8:19 PM
    • #2
    • 17th Jun 17, 8:19 PM
    It sounds like they refunded it to the tenant by error and not telling your OH hoping that he will forget.

    He should be able to check himself on the website what has happened. Oh and no, there is no such thing as keeping deposits for 6 months in case it is disputed by tenant. The tenant would have to agree for the deposit to be released to the LL and if it never got resolved and went to adjudication, then once it's agreed and refunded, it's the end of the process.

    They are messing him about and he needs to take action asap.
    • Vectis
    • By Vectis 17th Jun 17, 8:24 PM
    • 430 Posts
    • 529 Thanks
    Vectis
    • #3
    • 17th Jun 17, 8:24 PM
    • #3
    • 17th Jun 17, 8:24 PM
    Write a Letter Before Action to the LA giving them a deadline to pay up by, then if you don't receive the money do a MCOL.

    Oh, and change your agent, they should be working for you.
    • MrsJam
    • By MrsJam 17th Jun 17, 9:28 PM
    • 105 Posts
    • 146 Thanks
    MrsJam
    • #4
    • 17th Jun 17, 9:28 PM
    • #4
    • 17th Jun 17, 9:28 PM
    Thanks guys,

    LA has said tenant called into their office asking for deposit but they refused as they know the state she left property in, they could be fibbing though.

    FBaby, what website should he check? LA said deposit had gone into Landlord deposit scheme, but other than that no more details.

    Vectis, he won't be using them again, thats for sure!
    • G_M
    • By G_M 17th Jun 17, 9:37 PM
    • 40,190 Posts
    • 45,927 Thanks
    G_M
    • #5
    • 17th Jun 17, 9:37 PM
    • #5
    • 17th Jun 17, 9:37 PM
    check each scheme - see below.

    Letter Before Action then sue.


    * Deposits:
    payment, protection and return

    But really a half-decent landlord should be ensuring he's complying with the leglislation so should know the deposit was put into a scheme. as well as making sure all other regs are complied with.

    A bigger issue would be if the agent never proptected the deposit - the tenant then has 7 years to take the landlord to court......

    See also:


    * New landlords: advice, information & links

    * Letting agents: how should a landlord select or sack?


    • MrsJam
    • By MrsJam 17th Jun 17, 10:28 PM
    • 105 Posts
    • 146 Thanks
    MrsJam
    • #6
    • 17th Jun 17, 10:28 PM
    • #6
    • 17th Jun 17, 10:28 PM
    Thanks G_M

    I would say OH is more than a half decent Landlord.

    But its his first and only rental property, he trusted the LA's

    Everything else, gas certificates, insurance etc is all sorted!
    • MrsJam
    • By MrsJam 20th Jun 17, 6:42 PM
    • 105 Posts
    • 146 Thanks
    MrsJam
    • #7
    • 20th Jun 17, 6:42 PM
    • #7
    • 20th Jun 17, 6:42 PM
    Bit of an update!

    LA phoned OH today.

    They say they have had a letter today from the deposit protection service where the deposit is held.

    Letter says tenant is disputing not getting deposit back and that the property was left in good shape.

    DPS need proof of state of property at end of let and rent statements.

    All this by tomorrow as that is the deadline?

    We have asked LA for a copy of the letter.

    Seems strange, all quiet for 8 months and now this?

    LA has got to be making this up surely?
    • m0bov
    • By m0bov 20th Jun 17, 6:45 PM
    • 999 Posts
    • 691 Thanks
    m0bov
    • #8
    • 20th Jun 17, 6:45 PM
    • #8
    • 20th Jun 17, 6:45 PM
    The LA should have performed a check out with photos so this should be no problem. Have you contacted the deposit scheme yourself to verify?
    • MrsJam
    • By MrsJam 20th Jun 17, 6:49 PM
    • 105 Posts
    • 146 Thanks
    MrsJam
    • #9
    • 20th Jun 17, 6:49 PM
    • #9
    • 20th Jun 17, 6:49 PM
    Hi

    LA says DPS won't talk to us as deposit is lodged in LA's company name.
    • G_M
    • By G_M 20th Jun 17, 6:59 PM
    • 40,190 Posts
    • 45,927 Thanks
    G_M
    What was your husbands contract with the agent?
    * tenant find only + deposit registration?
    * full tenancy management?
    * something less, or more, or in between?

    If the agent was contracted to do the check-out, then have you seen the report? If not, what happened when husband chased them up for the report 8 months ago?

    If the contract was tenant-find only, then presumably husband either did the check out himself, or employed an AIIC member to do it.

    Either way, the report + asociated photos should be forwarded to the scheme arbitrators.

    Of course, if the agent has in some way breached their contract with husband, then he has a claim for breach of contract against them.
    • MrsJam
    • By MrsJam 20th Jun 17, 7:13 PM
    • 105 Posts
    • 146 Thanks
    MrsJam
    Hi

    LA found tenant and took their deposit.

    OH did the check out and took photo's etc.

    LA has photo's of work completed, new decor, carpets etc.

    All of this will be available to DPS.

    We just basically wanted to know if the time scale for disputing deposit is correct? Thanks.
    • Pixie5740
    • By Pixie5740 20th Jun 17, 7:25 PM
    • 10,650 Posts
    • 14,636 Thanks
    Pixie5740
    Does your OH realise that he's not entitled to betterment? In other words he doesn't get new for old and he's had at least 5 years use out of whatever items he thinks he can claim for?

    You say the tenant only gave a weeks notice but if she was moving out at the end of a fixed term she wasn't legally obligated to provide a set amount of notice.

    As for the timescale, I'm surprised that a tenant who moved out in October 2016 is only just trying to get her deposit back now. If the letting agent doesn't get the evidence to DPS on time then DPS can just return the deposit to the tenant.
    Annual income twenty pounds, annual expenditure nineteen pounds nineteen and six, result happiness. Annual income twenty pounds, annual expenditure twenty pounds nought and six, result misery.
    • MrsJam
    • By MrsJam 20th Jun 17, 7:39 PM
    • 105 Posts
    • 146 Thanks
    MrsJam
    Hi

    Yes, he realises there will be some wear and tear.

    Amongst other things, there were doors off hinges, kitchen doors missing, broken oven, quality carpets replaced by cheap lino and the property left in a very dirty state.

    She didn't move out at the end of a fixed term, contract was up for renewal in December of that year.
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