Nightmare with return of bond from rental property! please give advice :(

welly_59

hi all,
i'm hoping for some advice, support and suggestions on how to proceed with a very difficult situation i'm in.

I took over the tenancy in a property in january 2007. the property was being managed by a letting agency on behalf of the landlord. As the tenancy started before the new laws regarding bonds came into force, my bond is being held by the agency.

In early 2009 i was sent a letter from the agency stating that they have stopped managing the property and please could i sign this form to hand over the bond to the landlord. I DID NOT sign the form and send it back. I have spoken to the agency today and they still hold the bond for the property.

My landlord has always been a nightmare to get hold of, sometimes i would be trying for 2 months to get hold of him. I gave him my notice over the telephone at the end of october, i also followed this up with a written letter to the address i have for them. I stated that i would be vacating the property on 7th december as per the terms of my contract and that we need to arrange to meet up for a final inspection, handover keys etc, and for the bond to be released to me.

I have tried numerous times to contact him over the last 2 weeks, and over the last week i have been calling twice a day with no answer. I am due to leave the property in 3 days and am requiring my bond and a final inspection.

As the letting agency currently hold my bond i have also been in touch with them over this period advising them o what i have been doing. The agency has told me that they cant release the bond without the landlords permission. they have also sent him letters stating that i am leaving the property on the 7th and that they require instruction to release the bond.

What would happen if the landlord does not get into contact with them? will my bond be held indefinitely by them? what should i do if i am going to have any chance of resolving this?


*my rental agreement is with a ltd company, not an individual, but i have always dealt with the one person, who i assume is the owner of the company whose purpose it is is to rent out their own property. As of today the ltd company is still trading, according to companies house.

If you need anymore ino then please let me know and i will do my best to provide you with answers in return for some advice This is really stressing me, what with christmas coming etc.

thanks in advance for any help you can give me

N79

welly_59 wrote: »

What would happen if the landlord does not get into contact with them? will my bond be held indefinitely by them? what should i do if i am going to have any chance of resolving this?

Agent has no option but to hold the bond until directed to release by the LL or a court order. (Actually they have a third, which would be to hand the bond to the LL and wash their hands of this issue but fair play to them they are sticking with it - they sound like a good agent.)

If LL does not release the bond then you will need to sue the LL (not the agent) for its return.

welly_59

the agency have been good to me through this and i hope that it continues!

If i had to take them to court, it would be the ltd company i would be putting the claim in against? and i they went bankrupt or dissolved the company then i would be left with no way to get my money back?

N79

welly_59 wrote: »

the agency have been good to me through this and i hope that it continues!

If i had to take them to court, it would be the ltd company i would be putting the claim in against? and i they went bankrupt or dissolved the company then i would be left with no way to get my money back?

Your claim will be against whoever is listed as your LL on your tenancy agreement.

No, you will still get the money back even if the Ltd company disolve because the money still exists - in the agents client account. In effect the agents are acting as a form of "deposit protection scheme" and are protecting your deposit from the risk of the LL going bust. However, the agents have no power to determine the resolution of any disputes between you and the LL hence either you and the LL agree how to disperse the money or you will have to get a court to decide. The court order against your LL (if you win) will then be sufficient for the agent to release the money.

Fire_Fox

Take photographs of the property on your last day to show the cleanliness and good condition of the fabric, fixtures and fittings. Send all letters recorded delivery to both the letting agent and landlord and keep the receipts. The landlord will presumably want his keys back so should get in touch. I think you may be able to pay a small fee to companies house to get the directors contact addresses, not sure if this is out of date info tho.

welly_59

thanks for the advise, i feel much better for it dont need all this stress at christmas time, and with a big move.

I have just got off the phone with the agency and they have told me that they will fire off a letter to the registered address of the LL to post tomorrow morning, stating that i have finished my tenancy and that if they dont hear off him within 10days then they will release the bond to me. Does this sound like something they would be able to do?

the reason the agency stopped dealing with the LL is that they could never get hold of him when needed, so they understand exactly what im trying to deal with lol

welly_59

Fire_Fox wrote: »

Take photographs of the property on your last day to show the cleanliness and good condition of the fabric, fixtures and fittings. Send all letters recorded delivery to both the letting agent and landlord and keep the receipts. The landlord will presumably want his keys back so should get in touch.

I am planning to take photos of the property, its in better condition than when i moved in! I have got the only key to the property, as i lost keys last year and had to get the locks replaced. I tried to contact the LL at this time but could not get hold of him. He is aware that i have the only keys as i have let numerous voicemails for him saying so. If he doesnt get in touch then he will have no way of gaining entry without causing damage to his own property

N79

welly_59 wrote: »

thanks for the advise, i feel much better for it dont need all this stress at christmas time, and with a big move.

I have just got off the phone with the agency and they have told me that they will fire off a letter to the registered address of the LL to post tomorrow morning, stating that i have finished my tenancy and that if they dont hear off him within 10days then they will release the bond to me. Does this sound like something they would be able to do?

the reason the agency stopped dealing with the LL is that they could never get hold of him when needed, so they understand exactly what im trying to deal with lol

As far as your concerned yes they can do this. Sounds like a great result for you. (In reality, whether they can do this will depend on the exact wording of the defunct agreement between the LL and the agent. I suspect that the agent, who are clearly fed up, are taking the risk here that the LL might turn up out of the woodwork at a later date and accuse them of breaching the agreement. However, whether this is true or not is not a concern for you.)

adg1

From what you have said so far it would seem you have a good agent acting for you. If they want to release the deposit then its up to them and in your favour.

There is a slim chance the landlord will contact them though true to form I would guess he won't. If he does get in contact after you get your money back make sure you have kept a record of the photos/letters etc to back up your case and move on.

Good luck in the new home!

Fire_Fox

welly_59 wrote: »

I am planning to take photos of the property, its in better condition than when i moved in! I have got the only key to the property, as i lost keys last year and had to get the locks replaced. I tried to contact the LL at this time but could not get hold of him. He is aware that i have the only keys as i have let numerous voicemails for him saying so. If he doesnt get in touch then he will have no way of gaining entry without causing damage to his own property

All the more reason to ensure you send every letter recorded delivery, you don't want him trying to charge you for breaking in saying you have kept the keys. Technically it could be seen that you have not surrendered the tenancy until you have handed over keys, tho obviously that seems exceptionally difficult!! :rolleyes: Great that you have the letting agent onside, can you get copies of their letters to him and to you?

Basically you are just covering your behind in case idiot landlord gets funny and threatens small claims action - unlikely he could get organised enough, but always good to be prepared! If you have a full paper trail with recorded delivery slips for letters, itemised phone bills of you trying to get in touch and dated photos of the place on checkout (photograph a newspaper), then he would be laughed out of court.

welly_59

thanks for the advise so far, its been good to have some help with this.

I've got a question though. My tenancy agreement is with the ltd company, and i have checked companies house and the person i have always dealt with as my landlord is no longer listed as a director of the company. would he still have the authority to block the release of my bond from the letting agency now that he is no longer listed as a director of the company that my rental agreement is with?