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  • FIRST POST
    • Oatsinthedark
    • By Oatsinthedark 4th Oct 17, 2:02 PM
    • 8Posts
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    Oatsinthedark
    Max estates deposit not returned
    • #1
    • 4th Oct 17, 2:02 PM
    Max estates deposit not returned 4th Oct 17 at 2:02 PM
    Hi all,

    I am in a similar situation to the people in Kathiravans7 thread 'deposit not returned'.
    I moved out a month ago from st faiths lane norwich, and have yet to receive my deposit of £831.50 from max estates/sutton management.
    They said in an email that they told new tenants that the deposit pays the last months rent but i was never informed.
    I have been emailing Angie and Michelle, who are the only contacts that I have been given, for the last month trying to chase them up. Everytime I email they send back an automatee reply saying they will be back in the office the next day but then never reply.
    Also apparently only Michelle can handle the finances but never replies.
    I have been in contact with my letting agent who have sent numerous emails to Angie and Michelle but again no replies.
    What can I do to get my money back? The flat was run inadequately; there was mould, no gas whilst being charged for it, the power kept going out every 2 weeks, no wifi, no lockers or holes for post so it was just left there.

    I just want my money back and this grievance to stop
Page 1
    • Comms69
    • By Comms69 4th Oct 17, 2:18 PM
    • 460 Posts
    • 317 Thanks
    Comms69
    • #2
    • 4th Oct 17, 2:18 PM
    • #2
    • 4th Oct 17, 2:18 PM
    Was it protected?


    Ultimately your landlord is responsible for your deposit
    • Oatsinthedark
    • By Oatsinthedark 4th Oct 17, 2:22 PM
    • 8 Posts
    • 0 Thanks
    Oatsinthedark
    • #3
    • 4th Oct 17, 2:22 PM
    • #3
    • 4th Oct 17, 2:22 PM
    No it wasnt put in a proteted scheme as far as I know
    • Comms69
    • By Comms69 4th Oct 17, 2:24 PM
    • 460 Posts
    • 317 Thanks
    Comms69
    • #4
    • 4th Oct 17, 2:24 PM
    • #4
    • 4th Oct 17, 2:24 PM
    Have you checked? if yes, you need to take legal action against your landlord, start with a letter before action to repclaim the deposit.
    • aneary
    • By aneary 4th Oct 17, 2:31 PM
    • 599 Posts
    • 455 Thanks
    aneary
    • #5
    • 4th Oct 17, 2:31 PM
    • #5
    • 4th Oct 17, 2:31 PM
    Have you checked? if yes, you need to take legal action against your landlord, start with a letter before action to repclaim the deposit.
    Originally posted by Comms69
    If you read the other thread this isn't as easy as normal as they don't have AST I believe they have licenses.

    First they have to prove that it's an AST before they can start legal action regarding the lack of protection.
    • Oatsinthedark
    • By Oatsinthedark 4th Oct 17, 2:37 PM
    • 8 Posts
    • 0 Thanks
    Oatsinthedark
    • #6
    • 4th Oct 17, 2:37 PM
    • #6
    • 4th Oct 17, 2:37 PM
    No it wasnt protected. I have checked this. The problem is that the landlord, or those acting on behalf of max estates, are no longer replying to me or the lettif agent.
    • Comms69
    • By Comms69 4th Oct 17, 2:58 PM
    • 460 Posts
    • 317 Thanks
    Comms69
    • #7
    • 4th Oct 17, 2:58 PM
    • #7
    • 4th Oct 17, 2:58 PM
    If you read the other thread this isn't as easy as normal as they don't have AST I believe they have licenses.

    First they have to prove that it's an AST before they can start legal action regarding the lack of protection.
    Originally posted by aneary


    Prove to who? The court? You have to do that anyway.
    • G_M
    • By G_M 4th Oct 17, 3:02 PM
    • 41,425 Posts
    • 47,784 Thanks
    G_M
    • #8
    • 4th Oct 17, 3:02 PM
    • #8
    • 4th Oct 17, 3:02 PM
    1) was this an AST? Please clarify the type of occupancy. If not sure, use Shelter's tenancy checker here.

    2) Did you pay a deposit to the landlord or his agent? If so
    a) it should have been protected and
    b) it's for the LL/agent to return it - not a new tenant

    But if you paid your deposit to an outgoing tenant then
    c) the LL did not receive it so did not need to protect it and
    d) you will have to reclaim it from the ex-tenant to whom you paid it

    More here:

    * Deposits: payment, protection and return
    • theartfullodger
    • By theartfullodger 4th Oct 17, 3:06 PM
    • 8,971 Posts
    • 11,845 Thanks
    theartfullodger
    • #9
    • 4th Oct 17, 3:06 PM
    • #9
    • 4th Oct 17, 3:06 PM
    Max estates appear to repeatedly be issuing licenses not tenancies & using their financial & other muscle to persuade occupants not to take them to court.

    Sue the b+at+rds
    • Oatsinthedark
    • By Oatsinthedark 4th Oct 17, 8:13 PM
    • 8 Posts
    • 0 Thanks
    Oatsinthedark
    According to shelter i was a fixed-term assured shorthold tenant.

    And I paid my rent to the landlord by standing order.
    • theartfullodger
    • By theartfullodger 4th Oct 17, 8:32 PM
    • 8,971 Posts
    • 11,845 Thanks
    theartfullodger
    So sue the b+at+rds
    • G_M
    • By G_M 4th Oct 17, 8:35 PM
    • 41,425 Posts
    • 47,784 Thanks
    G_M
    According to shelter i was a fixed-term assured shorthold tenant.

    And I paid my rent to the landlord by standing order.
    Originally posted by Oatsinthedark
    Yes but who did you pay the deposit to......> ?

    • Oatsinthedark
    • By Oatsinthedark 4th Oct 17, 8:42 PM
    • 8 Posts
    • 0 Thanks
    Oatsinthedark
    I paid them to Max Estates, the landlord
    • Oatsinthedark
    • By Oatsinthedark 4th Oct 17, 8:43 PM
    • 8 Posts
    • 0 Thanks
    Oatsinthedark
    I will also add that they did not protect the deposit either...
    • G_M
    • By G_M 4th Oct 17, 9:08 PM
    • 41,425 Posts
    • 47,784 Thanks
    G_M
    Then see the link previously provided:


    * Deposits: payment, protection and return
    • shandymanuk
    • By shandymanuk 4th Oct 17, 10:35 PM
    • 9 Posts
    • 2 Thanks
    shandymanuk
    1) was this an AST? Please clarify the type of occupancy. If not sure, use

    2) Did you pay a deposit to the landlord or his agent? If so
    a) it should have been protected and
    b) it's for the LL/agent to return it - not a new tenant

    But if you paid your deposit to an outgoing tenant then
    c) the LL did not receive it so did not need to protect it and
    d) you will have to reclaim it from the ex-tenant to whom you paid it
    Originally posted by G_M
    Check the other thread. Max Estates have been using Licence to Occupy, due to Max Estates, BBC's Rip Off Britain are doing a piece on Licence to Occupy (Originally was meant to be a piece on Max Estates).

    The problem is, there are a lot of people who've never rented before or just not as educated in what an AST is, who've gone through estate agents, who didn't make it clear what the situation was regarding this and so people are learning the hard way. A lot of the people I spoke to, who got screwed over by Max Estates have been like this, they go to estate agents, like Haarts, etc, who Max Estates are using and the agents are not being clear about these not being on proper ASTs. Some people have at least managed to get money back from the estate agents for the money paid to them, which is only a small part of the deposit, due to the misselling (as agents said that deposits are protected, that these are normal tenancies). Unfortunately, and wrongly, people are trusting that the estate agents are telling them the truth.

    The Licence to Occupy states they are to return the deposit 14 days after moving out and Max Estates had said to me, and others, that they would contact with 14 days to confirm bank details for the return of the deposit. Estate agents should have a responsibility for making sure everything is explained and clearly understood. You see there being steps put in place with other industries, and with mortgages and lenders having to be responsible, that the agents are being made to ensure the people understand clearly, so property rental is the area that does not have this in place.
    • shandymanuk
    • By shandymanuk 4th Oct 17, 10:47 PM
    • 9 Posts
    • 2 Thanks
    shandymanuk
    So sue the b+at+rds
    Originally posted by theartfullodger
    Max Estates/Nicholas Sutton have been taken to court, but they tend not to turn up. People have won against them, but still not gotten their money back, seemingly as the company is in negative equity. It's a con and if you look Nicholas Sutton up, he's on Wikipedia, with a history of deceitful tactics in regards to property.
    • Comms69
    • By Comms69 5th Oct 17, 9:48 AM
    • 460 Posts
    • 317 Thanks
    Comms69
    Surely they have plenty of assets against which to leverage a charge
    • shandymanuk
    • By shandymanuk 5th Oct 17, 3:18 PM
    • 9 Posts
    • 2 Thanks
    shandymanuk
    Surely they have plenty of assets against which to leverage a charge
    Originally posted by Comms69
    Max Estates supposedly does not have any assets. It seems he’s been creative with this.
    • theartfullodger
    • By theartfullodger 5th Oct 17, 3:23 PM
    • 8,971 Posts
    • 11,845 Thanks
    theartfullodger
    There are many Max estates & he has many companies.
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