Letting agent not protected tenants deposit

bobbydavro

Dear Guest101,

I have scanned in the relevant pages of the signed contract with M&W lettings 07/06/2013

Headed DEPOSIT SPECIFICS (6.0- 6.7) this also includes (6.8) Protection of the Deposit- Stated in this heading "The Deposit is safeguarded by Tenancy Deposits Solutions Limited (mydeposits.co.uk)", followed by their address and telephone number.

Correct me if I am wrong but this says in the contract that the deposit is already safeguarded with Mydeposits according to the signed contract???

Hope this helps answer the main crux of your response and anything else let me know.

Please find attached pages 14 and 15 from the 15 page signed contract M&W lettings 07/06/2013, between myself the tenant and M&W.

bobbydavro

Could someone advise me as to how I post attachments on this thread, I have gone to reply then advanced reply and do not see any option for adding an attachment.

Thanks

Guest101

So you paid them for this service and they have failed to do so. Yes you can demand a refund immediately, and the deposit released immediately back to the tenant.

If they fail to refund you part of the money paid, you should take them to court. But before you do that, make sure you send a 'letter before action'

ValHaller

bobbydavro wrote: »

Could someone advise me as to how I post attachments on this thread, I have gone to reply then advanced reply and do not see any option for adding an attachment.

Thanks

You cannot add attachments on this site. You must host the attachments elsewhere and link to them.

bobbydavro

ValHaller wrote: »

You cannot add attachments on this site. You must host the attachments elsewhere and link to them.

Hi all the people on this thread,

I have posted up the most relevant three pages of the documents in my possession from the letting agent and would be very glad for any input to specify where the contract has been breached.

Tomorrow (26th) is the deadline for returning the tenants deposit, and I am not holding my breath. Therefore my only option it would seem is a letter before action so I would ideally like to get all the facts 100% before writing off.

http://www.consumeractiongroup.co.uk/forum/showthread.php?404149-Letting-agent-not-protected-tenants-deposit&p=4352049#post4352049

Once again thanks so much for all the input.

Best Wishes

bobbydavro

Hi Guest101,

Guest101 wrote: »

So you paid them for this service and they have failed to do so. Yes you can demand a refund immediately, and the deposit released immediately back to the tenant.

Please can you be specific...which service are we talking about. The insuring of the Deposit with the scheme, I take it?
Are you saying that because they didn't insure the deposit when they should have in the very first instance that the contract was not fulfilled and breached? However the tenant was found so I suppose this means the contract was partly completed. So can I still ask for the full fee to be refunded? In addition to the Deposit being returned?

If they fail to refund you part of the money paid, you should take them to court. But before you do that, make sure you send a 'letter before action'

Yes, I will be doing this and have found a few templates on the internet. Thanks for this!

Best Regards

bobbydavro

BUMP

Has anyone had an ideas, the seven days have elapsed and the letting agent has not returned the deposit, and it would appear has no intention of doing so.

Regards

Bob

CWSmith

I have no answers, but you do have my sympathy!

I am a landlady and I was in the same situation. Unfortunately the only way I found out that the tenant's deposit had not been protected was when the letting agency went bankrupt.

Good luck!

Guest101

bobbydavro wrote: »

BUMP

Has anyone had an ideas, the seven days have elapsed and the letting agent has not returned the deposit, and it would appear has no intention of doing so.

Regards

Bob

time to serve court papers i think. breach of contract

bobbydavro

CWSmith wrote: »

I have no answers, but you do have my sympathy!

I am a landlady and I was in the same situation. Unfortunately the only way I found out that the tenant's deposit had not been protected was when the letting agency went bankrupt.

Good luck!

Hi there,

many thanks for your kind words.....in the end what happened and did you manage to rectify the matter?

Kregards