Advance Rent or Deposit?? Letting Agent from Hell!

whatdowedonext

Sparky29 wrote: »

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!!)

Thank you we are putting together a letter and will post on the suggested forum.

Thank you L & R

princeofpounds

It definitely wasn't in a TDS within 14 days and you weren't informed within this legal time limit. Open and shut case!!

Unfortunately not. Late compliance is a rather tricky area in fact due to poor drafting of the legislation. It is currently possible to comply late IF one complies with the requirements of the schemes. Only one of the schemes required on-time compliance in its own rules at the time of judgment, and even they only put it in a year or so after the scheme started. I don't know if the others have added it yet. The whole thing is a mess frankly.

So you can get the deposit protected easily, but penalties are hard to come by unless the landlord is a fool!

whatdowedonext

Here's our reply to the letter received yesterday as always comments greatly appreciated. Also I have a call back appt with CAB tomorrow any tips on what I should ask etc would be welcomed. We have also submitted our notice to quit:j:j

[FONT=Times New Roman, serif]Thank you for your letter of 15th August 2010 and for confirmation that the money in question was given as advance rent. We do not consent to it being held as a deposit, and would remind you that while no rent is owing the money is indisputably ours.[/FONT]


[FONT=Times New Roman, serif]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 that being £605.00 paying up until 27th September 2010 our vacating date. The surplus £1195 must be returned in full without any deductions at the conclusion of the tenancy, otherwise we shall initiate proceedings to recover it without further notice. Please advise Mr & Mrs ##### accordingly.[/FONT]

Mrs_pbradley936

Thanks for the update - you should be fine. I had not realised that you had not yet given your Notice and if the landlord was not aware that you were going that is probably why he was being so stubborn.

whatdowedonext

Mrs_pbradley936 wrote: »

Thanks for the update - you should be fine. I had not realised that you had not yet given your Notice and if the landlord was not aware that you were going that is probably why he was being so stubborn.

We had verbally told them so fully aware but only have to give one month notice so the letter had to be in before 27th of this month.

Mrs_pbradley936

whatdowedonext wrote: »

We had verbally told them so fully aware but only have to give one month notice so the letter had to be in before 27th of this month.

Verbal means nothing - it is akin to saying "I might" or "I am considering" it only becomes valid/binding when in writing. It works just the same the other way, if the Landlord were to say "I might want to move in myself" or "I think I can get more money from a new tenant" you do not have to take action unless and until you get written Notice that he wants you to leave.

kmmr

Letter is good, so good luck! As mrspbradley says, make sure you get the dates and form of notice perfect as this may give them a reason to hold more deposit back later.

I do like their audacity though. Wonder what my tenants would say if I decided next month that their rent was actually deposit and that they had to pay again!which is esentially what they have done to you!

whatdowedonext

Mrs_pbradley936 wrote: »

Verbal means nothing - it is akin to saying "I might" or "I am considering" it only becomes valid/binding when in writing. It works just the same the other way, if the Landlord were to say "I might want to move in myself" or "I think I can get more money from a new tenant" you do not have to take action unless and until you get written Notice that he wants you to leave.

Letter sent last night thank you x

whatdowedonext

Here's the reply from our LA your comments would be greatly appreciated.

Thank you for your letter of notice and the additional letter of the 17th August instructing that these
monies must be used towards the rent due in the coming months.
As advised the landlord has not agreed to this, therefore as explained the status defaults to deposit
and as stakeholder, as declared in your tenancy agreement, we require a joint decision to act as
requested.
I advise that you should take legal advise from a solicitor or CAB should you wish to insist on your

request.

whatdowedonext

Dear All

Kept waking up last night worrying about the situation so have decided to seek legal advice, CAB were good and felt we had a case. But pointed us in the direction of the tenancy dispute service. They cannot deal with us until we move out so feel at a loss as to what to do. Perhaps should do everything that I'm being told to by agent, ie pay last months rent and let the TDS sort it out. Or stand my ground and not pay the last months rent but run the risk of this counting against me when the TDS sort it out. AHHHHHHHHHHH!!

I'm probably over reacting and should just relax now and get on with the move but I'm a bit of a worrier and can't leave this alone.

Help me please, even if you tell me to stop being stupid and calm down dear!!

L & R