help ... advice on getting money back

kaz.w_2

Hi Guys Im new to these forums iv only just registered so im not sure im posting on the correct forum ... anyway long story but I will try and shorten it ...My dilema is I lent my son and his friend the bond money on rented accomadation .. through a letting agent .

My sons friend was going to pay me back when he got his next wage any way this never happened ... I didnt worry too much as they were only going to stay in the house 6 months and I was going to get the bond back then.

my son left the property after the 6 months was up and as now moved elsewhere .... on my son leaving the house the letting agents ... who were fully aware I provided the bond have asked me to sign a document saying it was ok for them to keep the bond ... I refused to sign this and asked for it back as my son no longer lived in the property ... they have refused to release the bond as is friend is still in the house .

The letting agent is saying when my sons friend leaves the property the bond will go to him it seems I have no rights over my own money
My sons friend as no intention of paying me back ..I know iv been stupid lending this money but it was all done in good faith.

Can any one advise me where I stand ...how can I get my money back thanx

pinkshoes

Your son's friend now needs to pay you the bond money.

Write to him (recorded delivery) at his address, politely asking him to pay you the bond money within 14 days. If you don't get a reply, write again giving him 7 more days to pay the money, otherwise you will be taking him to the small claims court, where he will also end up paying all your expenses and court costs.

This should hopefully make him pay up!

kaz.w_2

Ok .. I will try that im not sure how I would word the letter but will have a go ... and would I be able to take him to the small claims court re this thanx

pinkshoes

kaz.w wrote: »

Ok .. I will try that im not sure how I would word the letter but will have a go ... and would I be able to take him to the small claims court re this thanx

Dear <name of son's friend>,

On <insert date>, I paid the sum of <£amount> as bond money on <property address>.

It was agreed that you would pay me half of this money, but this never happened. As my son was living in the property, this wasn't an issue.

As my son (<son's name>) no longer lives at the property, I now require you take over the bond, and pay me the sum of <insert amount> within 14 days.

Please write the cheque out to <your name> and send it to <your address> by <insert date in 14 days time>.

Kind Regards,

Kaz.w

As for the small claims court, how did you pay the bond? I guess your son could be a witness to say his mate never gave you his half, and as the mate is still living there... Also, the EA or landlord would back you up over the bond I guess, given they won't give it back.

It's all done online nowadays - you just pay £30 I think, the submit your case, and they're often settled before it gets to court

redsclubbedup

its £60 for an online claim, but if your successfull they have to pay it back to you. there are no guarantees though, I have had a court find in my favour for the sum of £600, but after 2 months I have still received nothing. I now have to pay to send baliffs in to recover goods, its a long process, I have been going on for 7 months now and still havent seen a penny ! so be warned even if the court finds in your favour, their are no guarantees, and its a lenghty process

The_Pedant

How was the original agreement with the letting agent made? Was it a join contract between the two of them? Also, was there a fixed or minium tenancy period that has not been reached yet?

If it was joint and you have completed any minimum/fixed period I thought that where a joint tenancy contract exists, and one party pulls out then the contract is dissolved and a new one must be drawn up. In such a case, I would have thought the letting agent would be obliged to return the bond unless BOTH parties agree for it to be transferred over to the new agreement (as the original agreement was made jointly).

If there is a fixed/minimum tenancy period that has not yet been reached, then it gets a lot more complicated as technically you may still be liable for the rent to the end of the period before being able to claim anything back. That's when I'd expect to be able to negotiate with the remaining tenant to take over the agreement & pay back any bond etc or come to some sort of agreement.

It's a grey area for me, so is anyone able to shed any light on whether or not this could be the basis of any claim?

kaz.w_2

Hi guys thanx for the replies ... the original contract was for 6 months thats why my son was able to move out after 6 months and it was a joint tenancy .
The letting agent is completley ignoring my e mails .
My sons friend is totally unwilling to pay me back as he states he as not got that kind of money .
I dont know what else to do . thanx