Advance Rent or Deposit?? Letting Agent from Hell!

whatdowedonext

sequence wrote: »

Before you do anything, check with the scheme to see if the deposit is actually registered.

I wouldn't be surprised if they faked it.

Certificate is on the TDS database, so all kosher! Just the wrong date!

princeofpounds

I personally would just tell them where to go and stop paying when you formally give your notice regardless where they claim to have put your RENT IN ADVANCE.

I totally agree with sparky, but you might consider it worthwhile to humour them on the deposit (if you can) and get a no-hassle reference instead. If you are already contracted in the new place then this doesn't matter so much and you can fight them if you want by just not paying the rent in advance. But as I said, the main thing is that it is protected.

Sparky29

With regards to the reference they are a total waste of time. They are very easy to fake and not worth the paper they are written on. I have rented my house out for about 10 years now and I do a detailed background check on the tenant rather than listen to someone else's opinion.

I wouldn't worry too much about any threats they make. Just tell them that you have taken legal advice and any accusations they make that are groundless they will be libellous (if in writing) or defamatory and you could sue. They seem to back down when you point out that they are legally wrong.

Also, the agent works for the LL. Are they really going to be bothered when you are no longer earning them an income to take the time of day to slag you off once you are off the books if there is a possibility of legal action? I very much doubt it.

tbs624

Sparky29 wrote: »

I can't see how 2 months before the end of the contract the land lord can change the terms and conditions that you have agreed to in advance to suit him. You have paid 2 months rent in advance. He cannot turn rent into another deposit.

See Residentiall LL Assoc advice to LLs , post 22

Sparky29

tbs624 wrote: »

Originally Posted by Sparky29
I can't see how 2 months before the end of the contract the land lord can change the terms and conditions that you have agreed to in advance to suit him. You have paid 2 months rent in advance. He cannot turn rent into another deposit.

tbs624 wrote: »

See Residentiall LL Assoc advice to LLs , post 22

Exactly. They are warning the Landlords that they are in the wrong or would have to explain in court why it wasn't in a tenancy protection scheme.

You are not doing anything wrong. Tell them where to go and if they want to discuss the 3 times the deposit fine in court you are quite happy to discuss a £8400 windfall due to you backed up by the incriminating correspondence they have sent you. It definitely wasn't in a TDS within 14 days and you weren't informed within this legal time limit. Open and shut case!! If they decide it was rent after all then you don't owe them anything. They could still struggle in court to explain why they are paying advance rent into a TDS as you hand in your 2 months notice.

Try putting a post on http://www.landlordzone.co.uk/forums/

Very good web site with sound advice. It is full of professional landlords and legal experts who can even quote specific cases in court to back up their advice. They have helped an amateur landlord like myself go through the eviction process without leaving myself open to legal action (its a minefield stacked in the tenants favour - even when they owe you £3500!!)

Sparky29

My tenants deposit is held in at . http://www.depositprotection.com/Public/About.aspx

It says

"Landlords, agents and tenants could also earn interest on any proportion of the deposit they are entitled to retain at the end of a tenancy."

So if the advance rent is really a deposit after all, have you missed out on interest due to you by them illegally delaying payment into the deposit account for 2 years?

whatdowedonext

DVardysShadow wrote: »

Do hand in your notice in writing, otherwise the LL thinks he needs advance rent. And for the above

Dear Agent

Thank you for your letter of <date> and for confirmation that the the money in question was given as advance rent. We do not consent to it being held as deposit, and would remind you that while no rent is owing the money is indisputably ours.

As notice has now been given, we would instruct that this money is to be used as rent for the remaining term of the tenancy. The surplus must be returned in full at the conclusion of the tenancy, otherwise we shall initiate proceedings to recover it without further notice. Please advise <Mr Landlord> accordingly

Yours etc

Reading between the lines, the Agent is doing as he is told, but does not seem too happy about it.

I'm going to put the letter together today thank you

whatdowedonext

princeofpounds wrote: »

Well done. I arrived at this thread a little late but you are already over the worst, assuming the increased 'deposit' is indeed protected (Check with the scheme again!).

WWH and tbs have given you the right advice here, as have most of the others. If the money was being held as a deposit then it had to be protected. If it was rent in advance then you had no more rent due. The landlord cannot have their cake and eat it, it looks like the LA finally educated him on that.

BTW, when they call you 'just tenants', that is what you are. You are not clients of the LA, they work only for LL, even if you pay them fees for various things. Never forget that - they will lie for the LL, obstruct for the LL, and misdirect for the LL (assuming nothing illegal, and even then they might!).

You should be safe either way now. If you refuse to pay rent from here in then accept the deduction from your new, enlarged 'deposit'. Pay rent and the deposit is protected to be reclaimed.

IF your cashflow is healthy enough then you can probably relax a bit now, but if you want to push it then you can fight the rent being classed as a deposit, but that's up to you - you will gain relatively little from that given the timescale you have left.

As for the certificate, you may wish to write back and state that whilst you are thankful for the prescribed information on the extra amount of advance rent that the landlord is classifying as a deposit, you note that the date on the form is incorrect (and suggest the correct date). Point out that the landlord had an original duty to provide this information within 14 days of the deposit being paid, and as a result the correct date of protection is an important matter of record for you. State that you expect your deposit to be returned promptly and in full on departure, fair deductions aside.

Thanks for the advice we have spoken to our new LA & LL and they have agreed to accept 2 months advanced rent when we check in and upon receipt of our £2800 back we can top it back up to 3 mths. Thank god there are some decent LA & LL around!

So we can relax for a while and push for the certificate to be updated to the correct date etc. What do you think??

R & L

whatdowedonext

We agree to pay in addition to the monthly rent, a further £1800 at the time of signing this appendum. This additional deposit represents 2 months advance rent and is to be held by the agent in favour of the landlord as a security against any rent arrears and in addition to the existing deposit held.

This is our periodic tenancy agreement we signed on 25/09/2009 having handed in £1800 plus the usual monthly rent. To me it is as clear as mud it seems to be saying it's both. Does this mean the LA/LL are covered??

whatdowedonext

They have issued the reference today to the new LA's credit agency saying that this month's rent was late due a misunderstanding with the tenancy agreement! They did put other than that we have been on time.