Lettings Agency not giving us back our rent after moving out!

ahrimaniac

Morning all.

We officially moved out of our property – checked out with lettings agency – on Monday. We were told then that our rent – paid in advance – would be returned back to us for the two weeks we are no longer tenants in the property – we pay a month in advance. We’re talking about £325.

I have rang and chased this today and they have told me that they’re keeping hold of the rent until they’ve decided what the damage deposit costs will be, then will return it in one lump sum. Now, my understanding is that the rent can not be used to bolster the damage deposit - £625 – and there’s no way that our damages (which are none) come to more than the damage deposit, so why are they keeping the rent? They’ve said it was easier administratively to do it all in one go, but I would like my money back ASAP – they can take longer with the damage deposit but the rent is entirely separate surely?

Any advice from you knowledgeable sorts?

J
Morning all.

We officially moved out of our property – checked out with lettings agency – on Monday. We were told then that our rent – paid in advance – would be returned back to us for the two weeks we are no longer tenants in the property – we pay a month in advance. We’re talking about £325.

I have rang and chased this today and they have told me that they’re keeping hold of the rent until they’ve decided what the damage deposit costs will be, then will return it in one lump sum. Now, my understanding is that the rent can not be used to bolster the damage deposit - £625 – and there’s no way that our damages (which are none) come to more than the damage deposit, so why are they keeping the rent? They’ve said it was easier administratively to do it all in one go, but I would like my money back ASAP – they can take longer with the damage deposit but the rent is entirely separate surely?

Any advice from you knowledgeable sorts?

J

Thrugelmir

You seem to be making an issue out of nothing. You only vacated the property on Monday. Administratively they want to deal with everything at the same time which makes sense and is perfectly reasonable.

Your haste and concern suggests that there may more to this tale.

MissMoneypenny

If the rent was taken by direct debit, you could use the direct debit guarantee and ask your bank to return the money to you. The bank can only recall the full amount, so you would have to pay the agents the money you owned them for the time you were there.

ahrimaniac

Not at all. There would normally be no haste nor concern. But we're talking about a fair whack of money that I'd sooner have sitting in my account rather than theirs. They have been nightmares to deal with so far hence my concern that they're messing about again.

princeofpounds

Your haste and concern suggests that there may more to this tale.

Yes, like the cash squeeze from moving from one property to another caused by deposit payments without old deposit receipts. It's not that abnormal.

The responsibility for the rent is not with the agent but the landlord. If you don't get anywhere within a reasonable amount of time (and this is NOT contingent on damages as it is not related to damages) then letter before action to the landlord, copied to agent, then move to a small claims court case.

This isn't going to be a quick process either way, so I'd wait ten days, which is long enough to assess damage as well.