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Problem getting rental deposit back - PLEASE HELP!!

I recently handed back the flat I rented for 18 months. Landlord was happy with condition and instructed the agent to return my deposit in full.

It's been 2 weeks since and I am yet to receive my deposit. I was reluctantly given a cheque by the agent, that the landlord had to argue for. It was stopped 2 days after I banked it!!

At teh begining of this farce I read up about the deposit schemes and so asked for the account info from both landlord and agent. Neither have given me this info and so I asked the schemes if there was an account set up for the address for the period I rented it for. It appears that an account was never set up!!

The agent appears to be the bad guy in all this and has not answered any of my calls or texts since the cheque was stopped. He is however still in contact with the landlord, who assures me he is fighting to get my deposit off teh agent.

The landlord has not offered to return the deposit via his own funds, and actuallt stated that he would not be doing so.

Where do I stand and what should be my course of action and who against? I doubt I will get any joy from the agent as he appears to be pretty dodgy.

I assumed the landlord would have checked that the agent was operating above board as he was aware of the deposit schemes, where I was not until a few weeks ago

Comments

  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    1) it is the landlord who you had a contract with not the agent - chase him
    2) it was illegal for him not to use a scheme - threaten him with 3 x the deposit
    3) do it in WRITING. To the LL's address (cc the agent if you wish).
    4) Don't get side-tracked by the agent. The agent works for the LL so it is the LL who is responsible
    5) Small Claims Court!
  • DVardysShadow
    DVardysShadow Posts: 18,949 Forumite
    What G_M says. You could state in your letter to the Landlord that you would be reluctant to take him to court, but you have been advised that as your contract is with him, any legal action for default on the part of the Agent would need to be brought against the Landlord.
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • BitterAndTwisted
    BitterAndTwisted Posts: 22,492 Forumite
    10,000 Posts Combo Breaker
    Please name the agent so any other unsuspecting tenants who read this board know not to deal with them. If they stay in business, that it.
  • kboo77
    kboo77 Posts: 3 Newbie
    Thanks for the advice so far.

    Any advice on constructing the letter?

    I don't want to put something in or leave something out that may be of importance.

    Also, If this goes to court then what are the chances of me winning? The Deposit scheme rules seem very clear to me, but the landlord did not sound like he was as clear on them when I mentioned them
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