Advance Rent or Deposit?? Letting Agent from Hell!

whatdowedonext

Hello again

Another question we went online to chack our deposit was registered. It didn't come up I queried it with TDS they gave me another certificate number which is on their system. I have never been given a copy of the new certificate??

What should I do, ask the LA for my copy? Have they breached something?

I'm sorry to go on but they are treating us like 2nd class citizens, 'there but for the grace of god go I'. The other day I referred to us as their clients, I was very abruptly told you are not clients of ours you're JUST TENANTS!!!:eek:

R & L x

theartfullodger

Another question we went online to chack our deposit was registered. It didn't come up I queried it with TDS they gave me another certificate number which is on their system. I have never been given a copy of the new certificate??

What should I do, ask the LA for my copy? Have they breached something?

As far as I know the key thing they have exposed themselves to is that if Deposit (all £3k I think) ain't protected & tenant informed correctly about it (Section 215 if you wanna check) then any Section 21 notice will be invalid: Translation - LL doesn't handle deposit right, can't evict tenant for no reason: But as it's you, tenant, wants to leave anyway not a big deal..

I'm sorry to go on but they are treating us like 2nd class citizens, 'there but for the grace of god go I'. The other day I referred to us as their clients, I was very abruptly told you are not clients of ours you're JUST TENANTS!!

One could argue this both ways, and Agent is being very silly no realising you should be treated fairly & with respect BUT agent is just that, an Agent, and an agent of the Landlord. Most agents when push-comes-to-shove side with the Landlord..

Cheers!

Lodger

theartfullodger

It's been said many times before but, to become a Letting Agent you..
- Don't need any qualifications
- Don't need to below to any professional body
- Don't require criminal records check (!!!)
- Don't even need decent personal hygenie...
- Are not regulated by any body...

ANYONE could set up as a letting agent within the day..

Agents go bust & leave tenants in the lurch & landlords without the money that is theirs... Good news is, if agent goes bust/escape Landlord still has all the responsibilities (eg deposit)

Cheers!

Lodger

Wee_Willy_Harris

You need the agent to advise what THEY feel this money is for. Once you understand that, you will know how to proceed.

1. They regard it as rent in advance. - As you have provided notice, it would be reasonable for you to assume that the 2 months rent in advance paid would be used for the final 2 months rent liability. Almost all tenancies work on monthly rental payments in advance. You aren't expected to pay a months rent at the end of the tenancy then have it refunded when you surrender the keys. If, however, they regard it as monies used as security then it can only be that.....

2. They regard it as a security deposit. As such, this money should be deposited in a recognised scheme as per the TDP legislation outlined earlier. Failure to do so will leave the LL open to legal action and the possible penalty of an amount of 3 x the non protected deposit (plus the deposit, of course). The courts are aware of actions being taken by LL and LA to get round the deposit legislation and are less than sympathetic to LL/LA who take such action.

I would WRITE to them (keeping a copy) advising that they either use the sum to cover the rent, as intended, or let you know which deposit scheme it is registered with. Let them work it out. Might be worth enclosing the following information, just to help them.

http://www.direct.gov.uk/prod_consum_dg/groups/dg_digitalassets/@dg/@en/documents/digitalasset/dg_066410.pdf

whatdowedonext

N79 wrote: »

The OP's post is not very clear. Am I right in thinking that there is a deposit held by the DPS plus the 2 months rent "in advance" held by the agent (very stupidly - this tenancy now almost certainly has a premium). If so then the last 2 months rent is already paid (ie you can use the rent in advance).

That is the price the LA pays for trying to dodge the TDS requirements.

If there is only a TDS deposit then you should pay all of your rent until the day tenancy ends.

Excuse my ignorance but what do you mean by a 'premium' tenancy?

whatdowedonext

Dear All

I really do appreciate all your time and effort helping us out with our Cr** Head Agent! I've sent the letter in line with your advice and will let you know what they come back with. Is it a deposit (premium) or is it prepaid rent?? Over to them.

Thank you

R & L x

tbs624

whatdowedonext wrote: »

Excuse my ignorance but what do you mean by a 'premium' tenancy?

It's not a "premium tenancy", it's that a lump sum requested from a T in addition to rent, or a deposit which amounts to more than two months' worth of rent, may be held to be a premium, which may allow the T the right to assign the tenancy without the LL's consent.

whatdowedonext

Hi All

This is what they came back with :-


You keep talking about this £1800 of monies not being held in a deposit scheme. As previously pointed out this is not part of your deposit and as such is not held within a scheme. Your landlord has expressly said that this money is to be held until you have successfully checked out as security against you not vacating.

This therefore means that the September payment of rent will have to come via standing order as normal. If you are to fall into arrears this may have an effect on your future credit history and we also could not lie to your new agents when asked about payment history.

I hope this clarifies everything for you but your landlord is adamant that this money is to remain in place until you have vacated the property.

DVardysShadow

whatdowedonext wrote: »

Hi All

This is what they came back with :-


You keep talking about this £1800 of monies not being held in a deposit scheme. As previously pointed out this is not part of your deposit and as such is not held within a scheme. Your landlord has expressly said that this money is to be held until you have successfully checked out as security against you not vacating.

This therefore means that the September payment of rent will have to come via standing order as normal. If you are to fall into arrears this may have an effect on your future credit history and we also could not lie to your new agents when asked about payment history.

I hope this clarifies everything for you but your landlord is adamant that this money is to remain in place until you have vacated the property.

Basically this does not address the question, but as such it is still useful to you.

In summary, they are saying that it is not a deposit, so they do not have to protect it and then gone on to say that they are treating it as a deposit.

Wait for the view of others but I think I would be writing along the lines of

Dear Letting Agent

I understand <your last communication> to mean that you do not understand the <£1800> to be a deposit, but by your description of its purpose and custody, the Landlord is treating it as a deposit.

We have always understood this money to be advance rent and while our rent is up to date, the money in question is indisputably ours. We instruct you that it is to be put to the rent account.

In the alternative, you are to confirm that you are holding this money as a deposit, whereupon we shall instigate proceedings for non protection of deposit.

Yours sincerely

Mrs_pbradley936

So if I understand it properly, the landlord and agent want to hand you back your £1800 when you leave - is that right?