Really cross and annoyed!!

shandoli

I rented a property through a letting agent last year. Now the tenant has moved out and I have been trying to ring the agent for 3 weeks to let go of the deposit as I am happy with the condition of my flat. They keep making BS excuses "oh we have a back log" "you need to speak to xxx" etc etc

First of all, why did they never transfer the deposit over to my name?
secondly, I want to sue their assess off and send them a letter from my solicitor ?

What are my options?

sooz

I can't tell from your post if you are the tenant or the landlady.

If, as I suspect, you are the LL, you need to use a better agent.

They should have also informed you of the tenancy deposit schemes, which would mean that the deposit could not be in your name unless you registered to insure it in a scheme.

What precisely do you plan on sueing the agency for? And why would you send them a solicitor's letter AFTER sueing them?

JayZed

Doesn't sound as though phone calls are going to get you anywhere. Write a letter to the manager. If you get no response from him, then follow up by phone after a couple of days - but insist on speaking only to the manager.

Is the agent a member of the Ombudsman for Estate Agents scheme? If so, you should state in your letter that you intend to make a formal complaint to the OEA if the issue is not resolved within two weeks. If not, you should state in your letter that you will advise your solicitor to take legal action to recover the deposit if it hasn't been returned within two weeks.

Is it usual for the letting agent to transfer the deposit into your name? If the tenancy started after April(?) 2007 then the deposit should have gone into a protection scheme.

You really don't want to get into the hassle and cost of solicitors' letters/legal action if you can avoid it - but a stiffly worded letter should move things along (stiff words such as "unprofessional", for example).

shandoli

Yes the deposit is in the deposit protection scheme but I do not have the details of the account. I rang DPS but they said that the agent needs to ring and tell them to release the deposit to the tenant.

How do i find out if the agent is a member of Ombudsman for Estate Agents scheme?

Thanks for all your responses

Incisor

shandoli wrote: »

... I have been trying to ring the agent for 3 weeks to let go of the deposit as I am happy with the condition of my flat.

What are my options?

Write to your tenant, apologise, assure them of your best efforts and indicate that you will fund them should they wish to take the agent to the small claims court, send a copy to the Agent?

I would incline to say send the deposit to your tenant out of your own funds and claim back from the DPS, but I believe that the DPS will only refund to the tenant unless there you claim loss due to the tenant, so you would end up risking being out of pocket. Time to sack the Agent, I think.

Gingernutmeg

If you do complain to the Ombudsman, then the letting agent will be given two months to respond to you with their final viewpoint before the complaint is logged with them, and then you can wait anything up to twenty weeks (or more) before the complaint is assigned to an officer. Just warning you as it's not a quick fix.

asharon

Wouldn't the easiest thing to be for you to give a letter to the tennants saying you are happy with the condition of the place and for them to follow it up ? it is in a way there position to seek it back and if they wrote to them informing they had you letter and therefore they give them say ten working days and if they do not pay up then they will begin small claims procedure. That should get you results faster. Unless in the agreement it says they have x amount of time to repay it.

lonestar1

I think I would pay them a visit in person and not shift till they made the call. As the Landlord its YOU who are repsonsible for returning the tenants deposit if the tenant can sue anyone Im afraid it will be you

Loretta

shandoli wrote: »

I rented a property through a letting agent last year. Now the tenant has moved out and I have been trying to ring the agent for 3 weeks to let go of the deposit as I am happy with the condition of my flat. They keep making BS excuses "oh we have a back log" "you need to speak to xxx" etc etc

First of all, why did they never transfer the deposit over to my name?
secondly, I want to sue their assess off and send them a letter from my solicitor ?

What are my options?

I always say if the phoning and writing is not getting anywhere, go into their office and inssit that they write a cheque immediately, it will take them a minute or two. There is no working out, you want your tenant to receive the full deposit back so tell them to write the cheque in your tenant's name. Sit there until they do it. if anyone else comes into the office say you are being dealt with and they will have to wait. Tell anyone and everyone present what is happening and I think you will find that you suddenly come to the top of the backlog

And then find another agent

sooz

shandoli wrote: »

Yes the deposit is in the deposit protection scheme but I do not have the details of the account. I rang DPS but they said that the agent needs to ring and tell them to release the deposit to the tenant.

If the money is with the DPS (the custodial scheme) there is absolutely no need for the agent to ring them. It can all be done online, & takes less than two minutes. The agents need to log onto their DPS account, & put in their repayment ID. If they have lost this, it can be emailed to them - again, this only takes minutes.

The DPS then contacts the tenants, usually via email & also by post, & asks them to log on & put in their repayment ID. The money is then transferred into the ex-tenants nominated bank account within 10 days (if there is no dispute over the amount to be returned)

Go into their offices, & make a fuss. If the money is held in the custodial scheme there is no cheque to write, & indeed barely any work for them to have to do.

Once they have done this, ditch them as your agent.

SquatNow

Walk into the letting agent, ask to see the manager. Wait until he is free. Refuse to leave. Tell him to phone the DPS there and then or you will cancel your contract to rent through them, there and then. (Obviously you will be cancelling anyway, but don't tell them this!)

Make a fuss. If they make you wait, tell any customers that coming in looking to rent somewhere what has happened. (If the potential customers are looking for a flat, get their phone number!) Warn everyone who comes in how poor the service is and how the LA is refusing to return you tennant deposit.

This is all best done during the busy lunchtime period.