Letting agent refusing to inspect property/return damage deposit

gavinhoward123

Hello there everyone, this is my first ever moneysavingexpert post!

Unfortunately, it’s not a happy one.

I am currently moving out of my rented accommodation along with one of my other house mates (I am one of three). We gave notice in writing direct to the agent nearly a month ago now and our contract has been rolling month to month since the fixed term ended on 23rd Feb 2008.

The letting agent is not going to return our £333.33 (each, it was £1000 in total) damage deposit to us however, on the grounds that one of the tenants is staying on at the property. According to legal advice we received from Shelter, they should return the deposit in a timely fashion after the tenancy has ended. They are not playing ball however, stating that it is a 'change of tenants' and therefore they are not going to inspect the property after the tenancy has ended. Their suggestion was that we should recuperate the deposit from the two new tenants.

As you can imagine, we are not best pleased about this. Our tenancy was for a fixed term of one year, and is an 'Assured shorthold tenancy agreement'. There are currently no outstanding bills or rent on the property.
On the plus side, our contract states that our deposit will be held in a 'tenancy deposit scheme for registered agents'. So I still might have some comeback.

Any ideas anyone? Can they just keep our money like this?

silvercar

Were you all on one joint tenacy or did you have individual tenancy agreements? If you are all on a joint tenancy then the landlord is right, the tenancy ends when you all move out. (Though technically only one of you can give notice on behalf of you all).

Don't know how far you will get with the deposit scheme as, without all tenants on the agreement vacating the property, the tenancy hasn't ended.

gavinhoward123

Yeah, alas we are on a joint tenancy agreement. Seems a bit odd though, why should they be able to keep my deposit when a new agreement is to be signed with the new tenants?

olly300

Contact Shelter at https://www.shelter.org.uk.

You can actually email them for information. Make sure in your email you explain your story properly unlike in your first post where you neglected to state that the tenants are signing a new tenancy agreement.

tbs624

It is possible that the LL is using an insurance based scheme & is trying to avoid having to pay out a new deposit registration fee. If you were on a periodic and 2 out of the three have given notice, then the contract is ending, as confirmed by you saying that one of your old housemates plus the new tenants will be signing a new contract.

Phone the private sector rentals team in the local council's housing dept - they have a Tenancy Relations Officer who can help with issues like this and, where necessary negotiate with the LL. Their help and advice is free.Also, as Olly says, try Shelter - their helpline is 0808 800 4444

You need to check through your paperwork because by law as well as the deposit needing to have been registered within 14 days of you handing it over, the LL has to give you "prescribed information" about the scheme, also within 14 days. Has he done this? You should have been told which scheme it is registered with and how the scheme operates, and if you have this info you should contact the relevant scheme and let them know that there is a dispute.

gavinhoward123

Following the dispute that I raised with TDS(tenancy deposit scheme), I have finally received my money back - in full. :T

Paraphrasing the report that they sent me, the adjudicator could not understand why the letting agent would not pay back the existing deposit to us and accept a new deposit from the tenants moving in under a new contract. As we had done all that we were required by law in terms of giving notice and moving out in good time we should not be penalised.

clutton_2

great news !!!

i just phoned a very long established letting agent in lancashire to see if i might use them to find me a tenant - their tenant-find only contract still says the deposit will be kept by the agent in a separate account with no mention of a Scheme - this nearly 2 years after the legislation came into force !!!

they also quote such horrific fees £135 for an inventory check ??? that i would make no money at all if i used them

tbs624

Gavin - thanks for posting the update, well done Send details of your experience and a copy of the adjudication to the private sector rentals team at your local Council so that they are aware of this LA's business practices.