Letting Agents contacted guarantor

gazfocus

I've just had a phone call from my guarantor saying he's had a letter from my old letting agency saying I owe them £580 in rent for a house I've just moved out of.

I've not had my deposit back (I only moved out a week ago) but I've not had any letters, phone calls or emails from the letting agency to notify me that I may owe them rent, so I don't really understand why they've gone straight to the guarantor.

What should I do? Can't they take the 'missing rent' from my deposit? Any advice would be great.

Jowo_2

Did you give them a forwarding address?

gazfocus

Jowo wrote: »

Did you give them a forwarding address?

No, but they have my phone number and email address (all previous correspondence has been done by email).

gazfocus

Just spoken to my guarantor and he said the letter says the letting agents can't 'lawfully deduct missing rent from the deposit'. Is that true? I thought the whole point of the deposit is to pay for damages to the property and missing rent.

gazfocus

I have just looked at the documents provided from TDS about my deposit and it says the following under 'Clauses to go into the tenancy agreement'

B3 Purpose of the deposit
The Deposit has been taken for the following purposes (delete those which do not apply)
l Any damage, or compensation for damage, to the premises its fixtures and fittings or for missing items for which the tenant may be liable, subject to an apportionment or allowance for fair wear and tear, the age and condition of each and any such item at the commencement of the tenancy, insured risks and repairs that are the responsibility of the landlord.
l The reasonable costs incurred in compensating the landlord for, or for rectifying or remedying any major breach by the tenant of the tenant’s obligations under the tenancy agreement, including those relating to the cleaning of the premises, its fixtures and fittings.
l Any unpaid accounts for utilities or water charges or environmental services or other similar services or Council Tax incurred at the property/premises for which the tenant is liable (delete whichever does not apply).
l Any rent or other money due or payable by the tenant under the tenancy agreement of which the tenant has been made aware and which remains unpaid after the end of the tenancy.

Jowo_2

Email and phone don't constitute good records/proof as far as legal/contractual disputes go.

lizzielondon

you don't seem to be contesting you owe £580?

why did you choose not to pay it?

BitterAndTwisted

They will take any unpaid rent from the deposit and should the balance of the deposit fail to cover whatever repairs are required they will demand that shortfall from your guarantor if you fail to cover it yourself.

How has this unpaid and overdue rent issue occurred? Were there check-in and check-out inventories done at the beginning and at the end of the tenancy?

gazfocus

The unpaid rent has occurred because due to foreseeing problems in getting the deposit back, I have not paid my final months rent. I have had nothing but problems with the lettings agent and landlord since moving in (which have been documented on these forums), which ultimately resulted in me moving on.

When I moved in, I was not given an inventory of any kind, I met my guarantor at the LA office, signed our bits of paper, paid the money and was handed the keys.

When I moved out, I had my inspection, for which the LL and LA turned up for and the LL was generally in a bad mood (firstly because I had forgot to rehang her curtains and then because they LA upset her by describing her house as a dump). She also stated that there was a cabinet missing (which I gave the LA notice to remove, which they didn't, so I did). She then said the oven was wrecked (even though the only thing wrong was a mark on the front where the knobs were), however, I was under the impression that because I had not signed an inventory, they could not withold ANY deposit for 'damages'. So therefore, whatever the state of the property, I am due my full deposit, which I choose to use for the final months rent.

lizzielondon

if there was no inventory you can go through the proper channels to get your deposit back

you cannot 'choose' to use your deposit for your final months rent-

you signed a legal document to pay a certain amount of rent for a set amount of time- you need to fulfil your contractual obligations!!!

gazfocus

lizzielondon wrote: »

if there was no inventory you can go through the proper channels to get your deposit back

you cannot 'choose' to use your deposit for your final months rent-

you signed a legal document to pay a certain amount of rent for a set amount of time- you need to fulfil your contractual obligations!!!

Lizzie, I completely understand what you're saying, but I thought it'd be easier (my bad!)