Estate agent and deposit-how do I tackle this?

Bella*_2

Hi everyone,

I am having issues with my old estate agent.

I was living in London before I suffered a personal tragedy and breakdown which resulted in me moving away immediately. I didn't tie up loose ends in London-I just wanted to get away. However, I did find a tenant for the property.

Now I'm left with the rather sticky situation of trying to put everything back together. The estate agent in question is trying to avoid giving me my deposit back even though I am legally entitled to it- I found a new tenant, and the landlord was happy.

I have emailed them several times, and phoned several times. They don't answer my emails and tell me they have a client there when I phone. This is a massive deposit-almost a grand! I have at all times been polite.

What would you recommend to be my next move?

Any advice would be greatly appreciated. Thankyou.

prudryden

Go and sit in their office until they explain what the situation is!! Perhaps stop being polite as well.

BornAtTheRightTime

Your contract was with your landlord and he/she legally holds your deposit and it is them that you should be chasing, not their agent.

Did your landlord place your deposit in a tenancy deposit scheme? This has been a legal requirement since 2007 on all new tenancy agreements in England and Wales. If it's held in a scheme, how long ago did you move out? You should be requesting the deposit back from the scheme.

If it is held directly by the landlord, contact your landlord and request the deposit back from them. If they do not refund you, come back on here and we will advise on next steps in tackling your landlord.

IanIan

Doesn't matter that contract with Landlord. Issue CCJ against Agent. It's the only language Agents understand!

jjlandlord

IanIan wrote: »

Doesn't matter that contract with Landlord. Issue CCJ against Agent. It's the only language Agents understand!

On the contrary!
The deposit is the landlord's responsibility. As such OP cannot sue the agent for the money and thus cannot get a CCJ against them (one cannot "issue" a CCJ by the way).

OP should send a letter before action to the landlord to demand the deposit back. Then, start a money claim if unsuccessful.

G_M

Bella* wrote: »

Hi everyone,

....... which resulted in me moving away immediately. I didn't tie up loose ends in London-I just wanted to get away. However, I did find a tenant for the property.

...... The estate agent in question is trying to avoid giving me my deposit back even though I am legally entitled to it- I found a new tenant, and the landlord was happy.

I have emailed them several times, and phoned several times. They don't answer my emails and tell me they have a client there when I phone. This is a massive deposit-almost a grand! I have at all times been polite.

Just to be clear:

You were in a fixed term contract? Starting when, for how long and ending when?
Or it had ended and was a Periodic tenancy?
You left giving no notice?
You found a tenant and the landlord put in writing that he accepted this tenant and was accepting your early surrender of the tenancy?
Were any other terms/conditions imposed eg payment for cost of getting the replacement tenancy in place?
The new tenant has moved in?
There was /wasn't a gap between you moving out and the new tenant moving in?
You did/did not pay rent during this gap?
The (written?) agreement with the LL was that you would/wouldn't be liable for rent during this gap?
You are 'legally entitled to it' because........?

Now, assuming you are entitled to it due to circumstances which you will confirm by answering the above, then you should either use the deposit protection scheme's arbitration process or take the landlord and agent jointly to a Small Claims Court.