Is there anything to stop me paying a deposit direct to the landlord

ArchThorpe

OK, so the LL has now formally decided that he does not want to deal with the LA. I have verbally told the LL that I am happy to deal with him directly. But he is now asking me to put it in writing. Specifically he wrote to me and said:

Hi Steven,
Since you originally registered with them, please confirm that you voluntarily do not wish to deal with Dodgy Lettings Ltd or any of their affiliated companies (note that I have already done so below).

(I've changed the names of the innocent and the "guilty" to protect their identities)

Do I potentially cause myself any problem by putting this in writing? Could the LA have any comeback on me?

G_M

Have you paid the agent anything (admin fee? credit check fee? etc). Have you signed anything to say you will pay these fees but not yet paid them?

There is no reason not to deal direct with the LL, and to say that is your wish in writing, but if you have signed an agreement with the LA to pay for something as above, you may still have to pay them (assuming they have done whatever it is you are paying for - like credit checking you).

ArchThorpe

G_M wrote: »

Have you paid the agent anything (admin fee? credit check fee? etc). Have you signed anything to say you will pay these fees but not yet paid them?

There is no reason not to deal direct with the LL, and to say that is your wish in writing, but if you have signed an agreement with the LA to pay for something as above, you may still have to pay them (assuming they have done whatever it is you are paying for - like credit checking you).

Thanks. No I have not paid them anything or signed anything to say that I will. They have only shown me the property and not done any kind of credit/reference checks.

They were asking me to send them the documentation so that they could do the checks, but that is when the landlord and I discovered the issues with the LA and the LL decided to not use them.

Wings

As a LL I use LA to find me a tenant, check references and exchange AST, the Deposit and rental payments the tenant deals direct with me.

There are landmark High Court Judgements that state that LA acting for a LL, is the same as the LL acting direct with the tenant. Those Judgements incidentally were against LL's appeals against non registration/protection. Therefore paying the LA or the LL directly the Deposit is no different than if you decide giving the LL a receipted Deposit.

G_M

ArchThorpe wrote: »

Thanks. No I have not paid them anything or signed anything to say that I will. They have only shown me the property and not done any kind of credit/reference checks.

They were asking me to send them the documentation so that they could do the checks, but that is when the landlord and I discovered the issues with the LA and the LL decided to not use them.

In which case you have no legal relationship with, or obligation to, the agent. You can do what you like.

The landlord may have a contract of some sort with the agent but that is his problem not yours.