Security Deposit scam?? please help!

suzmitch

My husband and I live in the US. We recently spent a wonderful week in London. Because we really had wanted to get to know the city, we rented a flat for the week, through a property management agency. The agent we "worked with" was difficult, to say the least - - and I should have been forewarned by the fact that he required a security deposit of 595 GBP - - 100% of the weekly rate! I went ahead and paid it, because the advertisement for the apartment made it sound wonderful

Well, first of all the apartment, although well located, was hardly the "luxury flat" described in the advertisements. But now, I REALLY have a problem. I cannot get the rental agent to commit to returning my security deposit - - in response to my inquiries, he simply keeps sending emails saying "I have forwarded your request to the landlady and she will return your deposit in a timely fashion." He refuses to give me any direct contact information for the landlady.

I am really afraid I am being scammed, and that they have no intention of returning my security deposit - - they probably think I am some dumb American tourist who will just "go away". They are wrong, however, and I fully intend to pursue this...but I need some help. Are there particular private or governmental agencies with which I can register a complaint and who might be able to help me?

I would be VERY grateful for any advice you can provide. 595 GBP is a lot of money to me, and I really want to get this back.

thank you!!

Blacksheep1979

Only real way would be to go through the small claims court system, but to do that you have to have an address in the UK. You can see if the agents are registered with ARLA and complain to them but ultimately your contract would be with the landlord/landlady and it is up to them to return the deposit not the agency - even if it was the agency that took it.

zappster1966

Oh dear suzmitch. I'm sorry to hear you're having problems getting your deposit back. £595 is an awful lot of money to lose & I'd encourage you to pursue it. And it pains me to think of the bad impression this gives you of some people over here.

It's no comfort I'm sure but it's a big issue over here too, with unscrupulous landlords witholding deposits for no good reason. The government are "looking into the issue".

I'm struggling to think of the best way forward. I don't think court action in England will get you very far. You will need an address over here so court papers can be served. Your attendance at the court may be required or for someone here to act on your behalf. Even if you did this and got a judgement against them, it doesnt necessarily mean they will pay up - if they didn't you'd have to employ the services of court officers (called bailiffs) to enforce the courts judgement. What with your attendance here, bailiffs, there's every chance the costs involved will exceed what you're trying to recover.

Do you know whether the letting agents are members of the trade body which covers that profession ? It might mention it on the letting agents website.

http://www.arla.co.uk/info/overview.htm

They might be able to help you escalate matters if you get no satisfaction. Or perhaps even give you some general advice.

The local council "trading standards office" might be able to help too. They deal with consumer problems. Most can be contacted by email. You wouldn't happen to know the postcode of the letting agents would you ? Not the whole postcode just the first letter/s and number ? (i.e. W2 or NW1) Then we could maybe track down which council is responsible for that area and get you the email address of trading standards for you.

May I ask how recently you've asked for the return of the deposit ? I don't want to maybe introduce the "cultural difference" question but sometimes things this side of the pond perhaps move more slowly than you would ever expect. We tend to just put up with it. Or come here and have a right good moan.

How did you pay the deposit ? By credit card ? If you did suffer a loss do you think your credit card insurance might cover it ?

Like i said I'm really sorry you're having such a hard time. Hope this helps and you can get it resolved really quickly.

Voyager2002

Suzmithc, are you currently in the UK? If so, please do a web search for "Consumer Direct" and call the number for them: this provides basic legal advice, and is the main way for contacting Trading Standards. (The number begins 0845 and so might be difficult to call from the USA. And since it could be a long call, find out about call charges before dialling: if necessary look at the telephone charges section of this site before making that call.)

The legal advice given by previous posters relates to situations where the tenant is renting the flat for a fairly long period -- six months or more. You may find that your situation is a little different. In particular, in yuor situation the agent may have greater legal liability than is the case for long-term rentals -- I hope so, because at least you have the agent's address.

Did you make any of these payments by credit card? If so, then please contact your card company and also let the agent know that you have done so.