LA taking everyone for a ride.

debrag

Should I just decline to give my LL another deposit and tell them they need to get the one I've paid back from the LA?

I am thinking of registering with the local council incase I have to move out.

So my LL has to give me two months notice, does this start after the first 6 months.

Who can I complain about the LA to, they are not with ARLA or NAEA.

Soot2006

What does the contract actually say & what type of contract is it?

tbs624

debrag wrote: »

Should I just decline to give my LL another deposit and tell them they need to get the one I've paid back from the LA?

See post 9:

tbs624 wrote: »

debrag - your LL seems not to understand that if the LA has disappeared with your original tenancy deposit then the buck stops with him, as the LL. Ultimately, it was his responsibility to ensure that the deposit was scheme-registered: the fact that he delegated that to an LA is none of your concern.If he wants a deposit from you to cover the tenancy he has one - he just has to prise it back out of the LAs sticky little paws. The LA did not take the deposit on his own behalf , he took it on behalf of your LL, acting as his agent ( hence the title letting agent)

Check for yourself with each of the three schemes - see here - and get confirmation in writing, either way.

Private Sector Rentals Officer will be interested to hear about the LA: they may already be aware, as you're probably not the only set of LL& T to get stung.

Jowo_2

debrag wrote: »

Should I just decline to give my LL another deposit and tell them they need to get the one I've paid back from the LA?

I am thinking of registering with the local council incase I have to move out.

So my LL has to give me two months notice, does this start after the first 6 months.

Who can I complain about the LA to, they are not with ARLA or NAEA.

Yes, you need to insist to your landlord that he already has a deposit which must be placed in a TDS scheme or the landlord is at risk of being ordered by a court to pay you x3 the sum of the deposit as a penalty. Invite your landlord to pay the deposit into TDS from their own pocket and take the letting agent to court through the small claims process - it can be done online now through the MCOL website (moneyclaim online).

A fixed term agreement is a fixed term agreement - you cannot be made to leave before it expires. If you've a contract without a break-clause, you do not have to surrender it if asked by the landlord unless you wish to.

Belonging to a professional body is voluntary, most agents don't belong to one. As far as I am aware, there is no-one to complain to but you could speak to your local council trading standards department to get an idea if they have any other complaints about them.

Virtually anyone can apply to the local council and local housing associations, housing cooperatives, etc, to go on their list but realistically, unless there is a plentiful supply of social housing in your area or you are at risk of homelessness within the next 28 days, your application is unlikely to progress.

debrag

Thank you I will tell the LL about the deposit.

I had a thought yesterday that maybe the LA was taking the fees that the LL owes from the rent.

Contact is AST. Details:

Binding date = blank
Name of LL = LA c/o LL (removing names)
Address = LA address
Initial term = 12 months (should be 24 I think)
Commencement = 23rd May 2009
Expiry = 22nd May 2011

General Liabilities

To pay rent to the LL on time. The LL or the agent reserves the right to cvharge interest at 35% per day ocer the BOE annual base rate on late payments etc etc.

Deposit

The deposit will be held assecruity for and in respect of the performance by the tenant of all obligations of the tenant in this agreement to pay for or be used for:
* any damage to the premisies etc etc
* the fair cost incurred in compensating the LL for recifying any meaningful breach by the tenant of his obilgations etc
* any sum which is or becomes repayable by the LL or his agent to the local local authority with regard to HB
* any unpaid accounts for utilities incurreda t the property.
* any outstanding invoices due to the LL or LA.

No where does it mention where the deposit is being held.

A break clause at 6 months with 1 month notice by either party.

tbs624

debrag wrote: »

...." The LL or the agent reserves the right to cvharge interest at 35% per day ocer the BOE annual base rate on late payments etc etc."

My highlighting. Really? I wish them good luck trying to enforce that one.:rotfl:

debrag wrote: »

The deposit will be held assecruity for and in respect of the performance by the tenant of all obligations of the tenant in this agreement to pay for or be used for:
* any sum which is or becomes repayable by the LL or his agent to the local local authority with regard to HB

Think they need to word that one more specifically.

debrag wrote: »

.....* any unpaid accounts for utilities incurreda t the property.

If the utility accounts are in your name, and the contract states that you are responsible for payment of the bills then any unpaid bills are a matter between you and the utility supplier.

debrag wrote: »

* any outstanding invoices due to the LL or LA.

Invoices for what? Anything at all that the LL or LA would like to charge to the T, at any rate they choose?

Is the wording of this "contract" a joint effort between LL and LA? Did they find a freebie online somewhere and drop in a couple of extra clauses of their own?

debrag

Thats why I think the LA is a complete load of !!!!!!!

debrag

so should i go back to the LL and tell them that they are responsible for getting my deposit back? also as it hasn't been protected I am going to claim 3x the deposit from them?

tbs624

Dear LL

Tenancy of (address) from (start date) until present

As requested , I paid a tenancy deposit of £xxxx to Mr Rob Dogg who was, until recently, acting as your Letting Agent. As LL, and as you are now managing the let yourself, you should be aware that my tenancy deposit has not been scheme registered, as is required under the Housing Act 2004. AFAIAA the LA still has my deposit.

I would prefer this to be settled amicably so would you please arrange for my deposit money to be scheme registered within the next 3 working days and let me have the scheme’s “prescribed information”.

Alternatively, I understand that I may apply, via the courts, for a penalty payment of 3x the deposit amount to be awarded to me , plus either the immediate return or registering of the deposit.

I look forward to hearing from you by (date 7 days hence)

with love,;)

debrag

debrag

thank you.

Could the just come back and say they want me out?