Negligent Agency Asking for Recorded Conversation?

jjlandlord

lordlever, you made rather serious allegations against an employee of the agency.

The manager seems to be taking the matter seriously: He asked the employee for his side of the story, and since the employee denied it he is now asking you or proof.

Remember that making false allegations that could be detrimental to someone's career and reputation is slander.

What is your issue with the agency? What do you want to achieve?

PS: I would think that the recording would be admissible in court, as you are allowed to record your own conversations, as far as I understand.

DRP

the recording sounds like a bit of a distraction. if i were you i wouldn't be interested in pursuing that with the agent.


if they haven't protected the deposit it the situation is fairly clear - they have messed up and must return it.

G_M

http://www.addleshawgoddard.com/view.asp?content_id=2099&parent_id=2091

lordlever

Basically I've been enquiring about whether or not my deposit was protected as I am moving house next month.
I had confirmation from the DPS (and the other schemes) that my deposit was not protected, but the agency said they had done so. But it turned out the agency had handed it to the landlord.
Because I was receiving contradictions and being ignored for weeks I decided to record a conversation, and the agent 'convincingly' told me that it was protected with DPS, saying it was taken care of and they had the ID number (which would be sent to me, which wasn't).

I complained to the agency asking them why they handed it to the landlord, and why I was lied to, as this now puts me in a bad position financially and I could do with my deposit back. The concern I expressed was that the landlord is unreliable, and it could now cause a problem.

jj, there is no false accusations. I have it recorded and it happened. I think I was being lied to as they had given it to the landlord and he didnt protect it.
There is no motive behind my complaint, its just to tell them that this may now have repurcussions on myself as the landlord is unreliable.

lordlever

G_M I emailed the landlord about it last year and was told it was already protected, but it wasnt.
I would just be happy with getting the deposit back, without going through a court etc.

BitterAndTwisted

If you're moving next month and the deposit hasn't been protected then the simplest remedy would be to not pay the last month's rent.

G_M

lordlever wrote: »

.....

I complained to the agency asking them why they handed it to the landlord,
perhaps he asked for it? As his agent, they must comply with his instruction. Especially if they believed he was going to register it himself.
and why I was lied to,
Employee needs training. But not the central issue really.
as this now puts me in a bad position financially
????? How? Your contract requires you to pay a deposit. You paid it. Whether it is registered or not does not affect you financially (at present).
and I could do with my deposit back.
Well - we could all do with our bank accounts receiving an unexpected credit
The concern I expressed was that the landlord is unreliable, and it could now cause a problem.
As advised earlier - write to the LL - he is the one responsible. I no longer see why the agency is involved:
* LL's are always ultimately responsible. An agent is just working on his behalf
* the agency has now told you they passed the deposit to the lannlord.

There is no motive behind my complaint, its just to tell them that this may now have repurcussions on myself as the landlord is unreliable.

Your concern should now be with the LL who has your deposit.

G_M I emailed the landlord about it last year and was told it was already protected, but it wasnt.
I would just be happy with getting the deposit back, without going through a court etc.

Then write to your LL, quoting the Housing Act 2004 , as amended by the Localism Act 2011,and asking for your deposit to be returned within X days otherwise you will go to court and claim the penalty. Either
* he will return it or
* he will not - in which case you have to decide whether in fact to go to court, or not.

You issue with the recording, and ongoing dealings with the agency, are a red herring. Unless you have other motivations.

jjlandlord

lordlever wrote: »

jj, there is no false accusations.

I'm not suggesting otherwise but I'm pointing out that if you cannot prove such allegations you may end up in trouble yourself.

lordlever

Thanks again folks,

G_M I think what I meant to say in previous post is that it could put me in a financial situation (if I dont receive it back within deadline), and in terms of it being good to pay out deposit on new place knowing I'd be getting it back from the previous one. Thats just my concern really but I will write to landlord detailing the Housing Act and legislation, and request I receive it back, then I'll just have to go from there I suppose. I wont have any further dealings with the agency.

jj apologies, I wasnt suggesting that you was suggesting! I'm very grateful for your help!!