Letting agency deposit rage!

whats_it_all_about?

The LAs last email said ....."If you wish to dispute the above , I would advise you to seek legal independant advice against the landlord as the contract is between both Parties. XXXXX (LA) are stakeholders for the deposit and will hold the disputed amount until a compromise or a dispute has been resolved. If you wish to raise a dispute and require the landlord's details I would advise you that you request this in writing and I will forward on necessary details within 21 days of your request."

I have submitted my request for infomation and the return of the undisputed deposit but am now (im)patiently waiting for a reply!

tbs624

tbs624 wrote: »

Tenants should always request that the LA provides them with the LLs name & address whilst the Ts are still in occupation - they *have* to provide it within 21 days of receiving your request or they would be committing a criminal offence....

princeofpounds wrote: »

tbs has given you the right starting points.

Just one extra point to make - did you send the request for your landlord's address whilst still a tenant and do you have any proof of delivery? Because if the answer is yes and the LA did not supply the details in 21 days then you can take them to court as they have committed an offence.

N79 wrote: »

You can't really take them to court because, as you say, it is a criminal offence. The LA would need to be taken to court by a body with public prosecution rights (the CPS, a council, trading standards, HSE and other public bodies).

The correct course of action would be to report the crime to the police or trading standards - I have not idea how interested they will be.

It's usually the TRO at the Council who would initiate a prosecution for this one, although it's likely the LA would be given one more opportunity to provide the info first.

tbs624

N79 wrote: »

Then your deposit did not have to be protected and the rule about getting your LL's address in 21 days does not apply (at least the English law in the LL and T act does not apply - there may well be a Scots equivalent).

There is, and a non-compliant LA can be fined up to £2,500

OP - check with your local Council whether or not your LL is registered with them. Alternatively, you should be able to do this online here by giving the property address. Private LLs are required to register and can be prosecuted if they fail to do so.

tbs624

whats_it_all_about? wrote: »

The LA advised us, if we wanted to dispute the charges we need to take it up with the LL. I thought that would have been the LA responsibility!!!!

No, because the LA acts for the LL rather than for you as the T

whats_it_all_about?

tbs624 wrote: »

Alternatively, you should be able to do this online here by giving the property address. Private LLs are required to register and can be prosecuted if they fail to do so.

Thank you :T.....details found, progress made!

whats_it_all_about?

Progress indeed!! I have received my undisputed deposit back, and the LL, who I wrote to directly, had no idea what the LA was doing and has immediately instructed the LA to refund my full deposit......so far so good!

However, now the letting agency have said they have not held the disputed funds as they have paid the contractors, are they allowed to do that?? Were they not meant to hold any disputed funds until a resolve was made??

The LA says I have to wait for LL to send a cheque and the funds to clear before they "will start to process" our refund! I now feel they are being deliberately awkward

any suggestions?

BitterAndTwisted

Yep, contact the landlord and tell them what the agents have told you. It appears that the agents have acted without the implicit agreement of the landlord to instruct decorators but that's an issue between the two of them and nothing to do with you.

tbs624

whats_it_all_about? wrote: »

Progress indeed!! I have received my undisputed deposit back, and the LL, who I wrote to directly, had no idea what the LA was doing and has immediately instructed the LA to refund my full deposit......so far so good!

Thanks for updating the thread - that's good news. Unfortunately, it's all too often the case that LLs have no idea what the LA who acts in his/her name is doing.

whats_it_all_about? wrote: »

However, now the letting agency have said they have not held the disputed funds as they have paid the contractors, are they allowed to do that?? Were they not meant to hold any disputed funds until a resolve was made??

The LA says I have to wait for LL to send a cheque and the funds to clear before they "will start to process" our refund! I now feel they are being deliberately awkward

any suggestions?

Yes, contact the LL again and ask him to reimburse the balance to you direct. There is no need for the deposit balance to go via the LA, with clearing delays.