Letting agents problems (Landlord)

julianrayn

Hi,

I have just rented out my house. The letting agent is attempting to take fees from the tenants deposit prior to lodging it, is this legal?

Also the agents did not put the deposit into my account with the DPS, but into their own account with Mydeposits, despite my clear instruction and their confirmation that it would go to my nominated account.

Another issue is that they got the tenants to sign the contract on a different page to which I signed, on the page they signed (no date) my name is spelled incorrectly and co-landlords name is missing. Currently I have 2 different page 5 of the contract.

Any advice or suggestions on how to proceed?

Thanks in advance.

BitterAndTwisted

I think the fees that the agents have deducted from the tenants' deposit may be the amount of the insurance it costs to lodge it with MyDeposits. Write to them and tell them that they are to lodge it IN FULL according to your instructions and which they have agreed to. Ditto, the signatures on the contract. Get them to deal with it and don't phone them, put it all in writing.

The agents work for you, or at least are suppose to, so get them to do the legwork you are paying them for.

clutton_2

they sound like amateurs

having said that... they can only lodge deposits in their own names.. not anyone elses.. otherwise the whole scheme would have no security

Mydeps charge less than £50 to use their scheme - someone has to pay - usually its the LL

julianrayn

Hi again,

Just to clarify a few things. The deduction from the deposit are for service/agent fees and equate to £263. It was agreed that the deposit would be put into my account with the Deposit Protection scheme (which is fee free). I specifically instructed them to do this and they accepted, they then took the deposit and put it into their account with Mydeposits, minus the above £263. Surely this should have been invoiced and not taken from the tenants deposit.

They are medium sized firm, with about 20 offices and I now know they are bunch of amateurs.

Thanks once again.

theartfullodger

Deduction is very naughty, deposit is (all of it) tenents money, not agents, not landlords

Describing them as amateurs is a bit hard on most amateurs ...

BitterAndTwisted

Oh, it's obviously an "administrative error" due to their having employed a school-leaver on about £7k to process it. I'd read the ruddy Riot Act at them! They could have put you in a very tricky situation. I can feel a letter to Head Office coming along.

Is there any way you could sack them for incompetence? After they've sorted the right signatures and the right named individuals with the right signatures on the rental agreement, of course.