Problem with Letting Agent

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I am desperate for some help and advice with procedure after you have rented a house privately.

We are disputing the amount of the deposit they want to give back, in fact we alledgedly owe them quite an amount instead.

I am trying to sort out with the landlord but they are refusing to communicate with me.
The letting agent has now handed over to a company called Rentshield Direct who are not as far as I know following the correct procedure.

Rentshield are saying that if we dispute the final amount that they come up with then they will contact the guarantors to get a full payment off of them.

We have also said that we would replace minor things and arrange for carpet cleaning but they are refusing anything we request.

I have explained in a previous thread ( https://forums.moneysavingexpert.com/discussion/2588701 ) why things werent done before hand.

As I have only handed the one key over does that legally mean the tenancy is over?

BitterAndTwisted

When did your tenancy commence?

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BitterAndTwisted wrote: »

When did your tenancy commence?

Tenancy started feb 2009 and I handed one key over on the 18th August just gone (which was 9 days late).

So I dont even know if I have ended the tenancy by just giving the one key (was all I could find due to us still living out of the packed boxes due to my wife still being ill).

theartfullodger

It was an AST & the deposit was protected?? If so in which scheme??

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theartfullodger wrote: »

It was an AST & the deposit was protected?? If so in which scheme??

Yes it was to both questions and it is in the DPS.
But the company (Rentshield) I have to deal with are saying that if we dispute the cost then they will demand the payment off my in laws who were the guarantors.

Rentshield also keep making deadlines for us to collect things and also to provide businesses to give quotes for work to be done.
They will not accept anything we say and just want to bully us into submission.

UN17ED

Any advice on this would be extremely appreciated.

clutton_2

they are bullying him.. was there an inventory on move-in signed by all tenants and the LL or LA ? and was one done on move-out ? if you are students who is the lead tenant (as per DPS site)

if no inventories - then the LL will have a difficult job proving that you did any damage

can you summarise the previous thread as i have not read it ?

we need to be clear about the tenancy terms.. start date, fixed term length, move out date...

if you are unhapy with the deduction then i propose you can do either of 2 things

a) the lead tenant must lodge a dispute with DPS/arbitration and then wait for the LL to submit evidence to proove his case - you then submit your evidence. Decision of the Arbiters is final and cannot be challenged. IF the LL claims damage is more than the deposit, he can then go to the guarantor for the balance - but not before

b) refuse to use the DPS dispute/arbitration service and take your landlord to the small claims court....

BitterAndTwisted

Clutton, are this Rentshield organisation appointed by the landlord able to avoid the DPS aribitration procedure? Also, the OP says that "Rentshield also keep making deadlines for us to collect things and also to provide businesses to give quotes for work to be done." This doesn't sound right to me....

This OP isn't a student from reading their previous posts: they were given notice and due to ill-health asked for an extension so they could arrange for the property to be cleaned which they were not given.

N79

Just to answer these questions.

BitterAndTwisted wrote: »

Clutton, are this Rentshield organisation appointed by the landlord able to avoid the DPS aribitration procedure? Also, the OP says that "Rentshield also keep making deadlines for us to collect things and also to provide businesses to give quotes for work to be done." This doesn't sound right to me....

If they are acting as the LL's agents then of course they can bypass the dispute resolution and go straight to court. Arbitration is optional.

I suspect Rentshield are acting as some sort of legal insurance. Of course a LL can attempt to sue guarantors if they wish to make deposit deductions instead of asking for some of the deposit held in DPS. In this case, LL is claiming more than the value of the deposit so court is the only route open to them.

Of course, whether this is a useful course of action will depend on whether the LL has a case and the evidence to prove it.

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clutton wrote: »

they are bullying him.. was there an inventory on move-in signed by all tenants and the LL or LA ? and was one done on move-out ? if you are students who is the lead tenant (as per DPS site)

if no inventories - then the LL will have a difficult job proving that you did any damage

can you summarise the previous thread as i have not read it ?

we need to be clear about the tenancy terms.. start date, fixed term length, move out date...

if you are unhapy with the deduction then i propose you can do either of 2 things

a) the lead tenant must lodge a dispute with DPS/arbitration and then wait for the LL to submit evidence to proove his case - you then submit your evidence. Decision of the Arbiters is final and cannot be challenged. IF the LL claims damage is more than the deposit, he can then go to the guarantor for the balance - but not before

b) refuse to use the DPS dispute/arbitration service and take your landlord to the small claims court....

We/I are not students.
Why can this Rentshield mob go straight to the guarantors? As I thought there was procedures that you have to follow and they are certainly not following them.

An inventory was done when we moved in and signed and there was one done when we moved out but they did it without me or my wife being there.

I as I said dont even know if just handing one key over means our tenancy is over, we have more just not sure where they are yet.

There really are minor things wrong with the house except for it needing cleaning and the carepts being cleaned (thats why we wanted extra time due to my wifes illness).
Though the amount they have quoted (£2500) is extortionate and double the deposit (£1275).

They just wont let us do anything

BitterAndTwisted

Don't worry about additional keys. They have one and have obviously been able to gain access with it.

Write to Rentshield, sending a copy to the landlord and ask them to justify their alleged £2500 in deductions. Insist that you see receipts and/or written estimates. You can't dispute deductions if you don't know what they are in detail.

Also, I believe that they cannot insist on receiving monies from your guarantors unless and until they have exhausted attempts to extract them from you first.

I think it might be time to visit the CAB for advice if you can't find the answer on their website