Landlord/agency withholding bond

StretchedElf

I'm looking for a bit of advice on how to handle this situation. We moved out of a rented property 3 months ago (mid September 2009) and have since been promised our bond numerous times by both the landlord and the letting agency.

Each time we contact them to remind them that we haven't received anything they blame the other party, the agent saying "the landlord hasn't responded to our communication and he needs to authorise it" but then we get pretty much the same response from the landlord. Sometimes all we get is "I'll ring you back later today" but of course, they don't.

It's as though each is playing off the other one and 3 months later we are still without our bond money (money that could have been spent on Christmas ).

Any advice is much appreciated.

princeofpounds

It is ONLY the landlords resposibility.

Do you live in England and Wales? When did the tenancy start? Was the deposit protected?

StretchedElf

Yes, I live in England.
The tenancy began in January 2006.
I'm not sure if it is protected or not. I would assume not.

Thanks for the reply.

Fire_Fox

Welcome to MSE! As PrinceofPounds says, the responsibility is the landlords and you should deal directly with him in writing by recorded delivery. Run a search as this issue comes up time and time again - with advice from legal bods as well as professional landlords.

clutton_2

did you sign an inventory of the condition of the property upon entry and again upon leaving....

princeofpounds

Has the tenancy been renewed since Jan 06? (have you signed for a new fixed term?)

StretchedElf

clutton wrote: »

did you sign an inventory of the condition of the property upon entry and again upon leaving....

Yes on entry, no on exit.

StretchedElf

princeofpounds wrote: »

Has the tenancy been renewed since Jan 06? (have you signed for a new fixed term?)

No.


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clutton_2

i think you need to write them a LEtter Before Action - giving them 7 days to return the deposit in full, and say that if they don't then you must take them to court - the small claims court - you can do it on line moneyclaim on line.... 3 months is ridiculous

if there is no exit inventory they will find it impossible to prove the state of the property, so you should get all your deposit back

but - if they have been prevaricating for this length of time - expect them to lie.......

i assume you were up to date with the rent when leaving - as that is a legitimate reason for them with-holding money = but they have to do it in writing

StretchedElf

Thanks Clutton, I think I shall write him a letter. I had hoped that it wouldn't come to such formal expressions of discontent which, when all's said and done, amount to threats of legal action (the house we bought and moved in to is actually across the road from the landlord's home and I wouldn't like there to be any animosity between us now that our relationship is one of neighbours), but I suppose this is his doing, not mine. I may remind him one more time in person and see how that works out. Other than this issue he's a really nice bloke and that kind of makes it more difficult to be as "firm" as I need to be with him.

clutton_2

if he is a neighbour, then why not pop over with a Xmas bottler - have a chat, and then just ask him outright what the problem is ?

if he says there isn't a problem, then just ask him to write a cheque there and then - with a big smile of course.....