Mainstay Group - Advice Needed Please

Tulstar

Hi all,

I'm new to this forum (I've just registered) so please excuse me if this has been posted elsewhere.

Myself and 2 other people recently moved out of an apartment which we rented in Worcester (WR1). The apartment was let by Martin and Co, but the complex was managed by Mainstay Group.

We are currently going through the process of trying to get our deposit back. The deposit is held with the DPS, and our landlady is happy for it to be released to us. However this is where the problem begins.

Mainstay have contacted Martin and Co to say that they had "witnesses" who had seen the communal area outside our apartment being damaged during the move. They claimed that some of the ceiling tiles had been damaged. They also claimed that we had left unwanted belongings in the communal hall, and that they were going to have to charge us for the repairs, and for the rubbish to be collected.

Myself and one of my housemates (now my girlfriend) moved down to Cardiff on the 5th November, leaving my other housemate in the flat on his own until the 25th November, when he moved out. We are completely adamant that none of us caused any damage upon our moving out, and also absolutely certain that no rubbish was left behind.

Mainstay will not return my calls to discuss these issues, and will not authorise the release of our deposit until we have paid for the damage which we didn't even cause! They haven't even given us a quote for the supposed damage yet.

However, I was interested to hear (from Martin and Co) that the damage was not even reported until yesterday (6th December), some 11 days after we had vacated the property, and some 6 days after the new tenants moved in. Even though Mainstay claim to have a witness who saw the damage being done, they have not provided any details as to the time and date that the damage was seen being caused.

I have the exact time and date at which my housemate moved out, which can be backed up by 2 separate third parties. At the moment I'm waiting for Mainstay to come back to me with their version of the time and date, to see if it matches up.

For reference, I've emailed the correct time and date to a friend, so that if Mainstay give me a different one, I can provide the email as proof that they are lying (the email contains the time and date at which it was sent). There was also an incident close to the flat, involving the police and ambulance service - this happened at the same time as my housemate moved out, so can be used as further evidence with regards to the time and date.

I wondered if any of you guys know where I stand with regards to this. It seems fairly obvious that Mainstay are trying to make a quick buck out of us, and blame us for something which we didn't do, and are also using the "witness" claim in an attempt to scare us into paying up, rather than disputing.

My suspicions are raised even further by the fact that my housemate revisited the flat today, and confirmed that there is absolutely no rubbish or waste there, despite the fact that Mainstay say that it is there waiting to be collected once they receive a quote. Mainstay have since admitted to Martin and Co that the rubbish belonged to the new tenants, and not us, and has been cleared up.

I'm fairly certain that I've covered our backs (I've kept copies of all emails and texts sent/received in regards to it) and I wondered if there was anything else I could do? If Mainstay are trying to pull a fast one then I want to do everything I can to make an example of them, and to protect anyone else who may have to deal with this bunch of cowboys in future.

Thanks in advance for the help. :beer::beer::beer:

G_M

The deposit is held with the DPS, and our landlady is happy for it to be released to us.

That is all that matters. Your contract is with the landlady.

Follow the DPS process to request your deposit. If LL agrees, or fails to object, you get your money. See process here:

The Joint Deposit Repayment process can be initiated by the agent/landlord or the sole/lead tenant.
Either party can go online at www.depositprotection.com and initiate the joint claim. An agent/landlord or a sole/lead tenant can do this by logging in to their account and selecting ‘Request a Repayment’. The onscreen guidance will take you through the process of initiating a repayment. The DPS will then send a notification to the other party advising them to either log in and respond to the claim (if they have a valid email address or a valid mobile phone number) or to fill out a paper form sent to them.
Alternatively, either party can request a Joint Deposit Repayment claim form by calling The DPS on 0844 4727 000. Both parties (agent/landlord and the lead/sole tenant) should try to agree on the distribution of the repayment (either online or on paper) before completing the claim. This will ensure a speedy return of the deposit.

Tulstar

Thanks for your replies so far guys.

So, just to clarify, if the Landlady is happy to release the deposit, then it can be released, and Mainstay have no right to request it to be held?

Then, if Mainstay have a problem with anything they can either chase it through Martin and Co, or through myself directly.

Is that right? If so, I'll be on the phone to Martin & Co first thing tomorrow morning!

Thanks again.

G_M

As already advised :

"Your contract is with the landlady."


Your deposit (your money) is taken by the landlady and held on both your behalf's in a deposit scheme. The scheme only recognises the landlady and the tenant. There is a process for releasing the money (see my post above!) and the money can ONLY be released to the landlady or the tenant, and this is determined by agreement between LL and tenant (only), or by arbitration if they can't agree.

A third party like Mainstay is not involved. Their involvement is only between themselves and the leaseholder (owner) of the flat ie the LL (NOT the tenant.)

glottalstop

Your shorthold tenancy was with the landlady via Martin & Co. If they are happy to return it to you, then take it while you can.

Mainstay would have to seek redress from your landlady or prove you were the party responsible in court, but they cannot interfere with your deposit. They could more easily pursue compensation under the block insurance, without having to upset everyone involved, and would be unwise to pursue something they cannot prove.

Martin & Co are an experienced property manager, and are well placed to give best advice on how to handle this.

It seems you have enough evidence to see Mainstay off. They are a fairly large company based in Worcester and are enjoying aggressive growth. Inevitably they have to deal with a number of issues and may not always handle things perfectly, but they are sensitive to bad reports about them. If you do not get a satisfactory response, do not hesitate to complain right up to their MD, Paul Crook, and let them know you are prepared to report them to ARMA.

DVardysShadow

ttd14 wrote: »

Unfortunately, a company as big as Mainstay will get good stories as well as bad, it's a shame only the bad are highlighted. With growing business, it seems they're stepping up their game. Don't be so quick to take a bad eye on a company because of a few negative posts and a bunch of disgruntled lessee's on facebook...

Your tagline

Trainee property solicitor from November 2008 - I do not accept any liability for the information I provide. This is provided on an 'information' only basis and you are encouraged to seek your own, independant legal advice.

Currently Employed by a UK Managing Agent

Do you have any interest in any of the parties mentioned in this thread? Because you look like one hack of an apologist.

ttd14 wrote: »

Hmm.. you do know installing spy cameras to spy on the public is illegal......right...??

In response to Mainstay being caught out by CCTV

maninthestreet

ttd14 wrote: »

Hmm.. you do know installing spy cameras to spy on the public is illegal......right...??

It's not illegal to film in a public place.

DVardysShadow

ttd14 wrote: »

@DVardysShadow :- There isn't an apology in there, and although I am employed by an MA, don't get carried away with assumptions. ...

Bit off topic too, so let's end it there folks

No, it is right to deal with it. I think it is very relevant to your reply that you do work in the sector

Strangely enough an apologist does not apologise, he argues in favour of a policy, philosophy or organisation or some such.

maninthestreet

ttd14 wrote: »

@DVardysShadow :- There isn't an apology in there, and although I am employed by an MA, don't get carried away with assumptions.

@Maninthestreet :- Quite correct, although I don't think apartment blocks would be considered public, would they?

Bit off topic too, so let's end it there folks

Not illegal to film on private land either.