Contract changing

debby1c

I didn't sign anything with the LA apart from the first AST.
A signed a slip with the admin fee on last year and that was it.
Nothing else.:rotfl:

theartfullodger

debby1c wrote: »

I didn't sign anything with the LA apart from the first AST.
A signed a slip with the admin fee on last year and that was it.
Nothing else.:rotfl:

You should be OK then, but agent may state their "terms & conditions" state they can charge you.

£25 to 1p they will send the LL a large bill. If you do do a private deal do not lie to the agent about what is happenning when asked to by LL..Some wicked LLs have been known to ask Tenants to do so.. (not me obviously)

Cheers!

Artful

debby1c

LL has now told LA they no longer want to deal with them. Quick recap - I have sent LL some of the LA emails telling me one thing and the owner another. The LA, never contacted the owner with my suggestion in JULY to get a periodic tenancy. The owner told the LA, she couldn't commit to a 6 month let, but the LA sent me an email offering me a 6 month let.

Anyway, LL wants to do a private deal with me until the house is sold. There is no signed contract between me and the LA. Do I now tell the LA, to return my deposit and my renewal fee, as I am dealing with the LL direct?
IMO the LA can't tell me to do anything now as they are no longer acting on behalf of the owner!
LA will be updating me today.
They normally send me an email at work and ask me to ring them, cheek!

DVardysShadow

There never is a contract between T and LA. LA is just the LL's Agent who acts on the LL's behalf in dealings with the T. So LA is only responsible to LL for the deposit and LL is responsible to the T. Your LL now needs to acknowledge the deposit - you should not expect your deposit returned at this stage. That is the basic position, although there are circumstances I believe where a T can recover the deposit from the LA - premature here, because you are not moving out.

As for the renewal fee, this is recoverable, because no renewal was given. If they are difficult I suggest that you get LL's cooperation in the form of emails where LA was telling LL one thing and you another. Should make it easier to take them to the small claims court.

debby1c

The LA has served me with the written notice to leave the property at 30 November 2010.


I presume by the knowledgeable previous posts that I need the LL to contact the LA to get my deposit back so the LL can hold it. I don't know why the LA is still involved!

Unless LL, is frightened of getting a bill. I have letters sent to LA in June asking for a periodic tenancy from the owner, and they didn't tell them. I feel that the LA has behaved dishonestly towards the LL and myself.

I will give the LL a ring to find out where we go from here.

BitterAndTwisted

Leave the LL and the LA to deal with your deposit issues on their own. Legally, the LL is responsible for returning your deposit regardless of who the money was paid to, where it was held, where it is now or will be when you vacate.

debby1c

Landlord let me stay in the property after 30 November 2010. Negotiated rent reduction of £25. After several viewers last week, I decided that I should start looking for somewhere to go. I didn't really want to be in the position of getting a cash buyer, and then not finding a decent property.

Found a larger house with garage same rent and passed the reference check. Although, the owner was a little upset that I managed to leave before the house was sold, I explained that I would be a fool to hang around. (Obviously, it is nice to have someone paying the mortgage while its up for sale)!

The original letting agent was discharged of all duties and guess what, won't give us the password for mydeposits.co.uk. However, I have emailed mydeposits.co.uk and hopefully, we can deal with this company and either ask them to hold the deposit or set up a new account/certificate.

Hopefully, it will all work out in the end.

Thank you to all the forum respondees to this thread, and hope other people learn from this.
:rotfl:

tbs624

debby1c wrote: »

The original letting agent was discharged of all duties and guess what, won't give us the password for mydeposits.co.uk. However, I have emailed mydeposits.co.uk and hopefully, we can deal with this company and either ask them to hold the deposit or set up a new account/certificate.

The LA would be entitled to refuse to give you *their* password -it's for their use.

What should happen is that you request repayment of your deposit and the LA/LL requests that the protection is "unlocked", or lets you know if they have dilapidations for which they need to make a deduction. You then agree or challenge.

If you now have a new LL and a new property, it is for the new LL to register your new deposit using their own sign-in. They may use any one of the 3 schemes

debby1c

Hi, So far, LL has opened their own account and has a certificate number. Only trouble is, I never paid her any money, as we were hoping to get the money back from LA. Which is where we have gone wrong, when the LL and I set up our own tenancy agreement, we should have agreed a deposit of £250 say, which I paid her and she then would protect that amount. The LA then release the full £825 to the owner, which would then be sent to me.
We have gone about this all the wrong way.
I have sent an email to LA formally asking for the deposit as we have seen no sign of it. I can see me taking them to the county court over this.

I am moving out on 3 Jan 2011 to a new property via a new letting agent, and will have to pay another deposit. But I haven't even got my deposit from the old property. what a mess.

G_M

You have been told several times: the letting agent is (or was) the AGENT of the landlord. When you originally paid a dposit to the agent, you were in effect paying the LL.

The original deposit you paid should be returned to you by the LL.

It is up to the LL to negotiate his relationship with his agnt.