Tenant's Deposit. Please Help

Wee_Willy_Harris

KSoni wrote: »

After the assured shorthold tenancy, it was converted to statutory periodic tenancy whereby the landlord must give the tenant full 2 months notice to vacate the propery. The tenant can give 1 month's notice and vacate.

Notice from landlord to tenant = full 2 months. He cannot break the monthly cycle.

Notice from tenant to agent = One month any time. He can break the monthly cycle.

Thanks.

Is that stipulated in the document you received?

KSoni

Wee_Willy_Harris wrote: »

Is that stipulated in the document you received?

Yes it was. And I did confirmed it with the agent as soon as I received the notice dated 27th April 2010.

KSoni

mynameisdave wrote: »

I'm not a lawyer, solicitor, or police officer but I can't see any legal grounds for this to be the case. They have not acted dishonestly.

You are right. I should not and will not take the criminal proceedings. Mens rea might not be proved and I will be wasting my time and police resources if I go that route. I just want my money back as I handed over the property in a reasonable state and the checkout report also confirmed this.

Wee_Willy_Harris

KSoni wrote: »

Yes it was. And I did confirmed it with the agent as soon as I received the notice dated 27th April 2010.

Then you need to look, as a first action, at the Tenancy Deposit Dispute. I presume the LL has lodged a dispute with the Tenancy Deposit Protection Service? This is the method now employed to resolve such issues. If, once completed, you are unhappy with that outcome, other avenues may be open to you. But the TDPS proceedure has to be completed first.

KSoni

Wee_Willy_Harris wrote: »

Then you need to look, as a first action, at the Tenancy Deposit Dispute. I presume the LL has lodged a dispute with the Tenancy Deposit Protection Service? This is the method now employed to resolve such issues. If, once completed, you are unhappy with that outcome, other avenues may be open to you. But the TDPS proceedure has to be completed first.

Thanks, I totally understand your point but, can I lodge a formal complaint agaist the agent on account of following grounds?

1. It was agent's duty to communicate with the landlord as per section 11b of code of practise for letting agents. He failed in that. When he realised his mistake, he disclaimed his position by referring that to my original contract. I tried to contact the landlord directly in accordance with my contract anyway.

2. The agent has treated my unfairly as he has not even replied to my letter dated 6th July 2010

3. His maladministration has caused me unnecessary grief which could have been avoided.

4. The agent wants to escape his duties of agency relationship.

5. If the agent has failed to inform his client landlord, it is between them to deal with it. He has infringed my right to get my deposit back.

I am sorry for such questions, but my mind is biased right now and I need an unbiased opinion.

Thanks

Wee_Willy_Harris

KSoni wrote: »

Thanks, I totally understand your point but, can I lodge a formal complaint agaist the agent on account of following grounds?

1. It was agent's duty to communicate with the landlord as per section 11b of code of practise for letting agents. He failed in that. When he realised his mistake, he disclaimed his position by referring that to my original contract. I tried to contact the landlord directly in accordance with my contract anyway.

2. The agent has treated my unfairly as he has not even replied to my letter dated 6th July 2010

3. His maladministration has caused me unnecessary grief which could have been avoided.

4. The agent wants to escape his duties of agency relationship.

5. If the agent has failed to inform his client landlord, it is between them to deal with it. He has infringed my right to get my deposit back.

I am sorry for such questions, but my mind is biased right now and I need an unbiased opinion.

Thanks

You are free to do as you see fit. However, Letting Agents are completely unregulated in this country, so I'm not sure what satisfaction you will gain from any complaint. A far more productive use of your energy (and frustration) would be getting the deposit back via the TDPS. That will hurt them far more than any complaint. If, having done so, you still feel agrieved, then might be the time to follow up on any complaints you may wish to make. My personal advice is get the deposit back, learn a lesson (there's always a lesson) and have a happy life. There's far more important things than letting agents. But that's just me.

KSoni

Wee_Willy_Harris wrote: »

You are free to do as you see fit. However, Letting Agents are completely unregulated in this country, so I'm not sure what satisfaction you will gain from any complaint. A far more productive use of your energy (and frustration) would be getting the deposit back via the TDPS. That will hurt them far more than any complaint. If, having done so, you still feel agrieved, then might be the time to follow up on any complaints you may wish to make. My personal advice is get the deposit back, learn a lesson (there's always a lesson) and have a happy life. There's far more important things than letting agents. But that's just me.

Thanks a lot. I will definitely go this route and will update you. Once again your time to reply on this thread is much appreciated.

KSoni

Just an update. We received the full refund. My letter writing did work.

Thanks to every one who helped me. Cheers.:beer: