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Renting Agent In the Wrong - sue him or tenant or both?
Goodmiester
Posts: 7 Forumite
I have rented a flat out through an Estate Agent for the last 7 months.
The tenant requested early release from the tenancy due to the people downstairs (not my property) making their lives hell which I consented to.
They moved out, left the place in decent order but have failed to pay the last months rent
I told the Estate Agent who had placed the deposit with the DPS that this was NOT to be released until the rent situation was sorted
I know this tenant is now renting another property via this Estate Agent and there was a whole collection of things I wasnt happy about with using the Agent.
I've not received the rent and the Agent is now ignoring me and I think they've released the deposit to allow them to move into another lease with them but as yet cannot prove it.
So... whats my recourse? Can I lodge a small claim procedure against the Agent? Do I have to legally chase the tenant? Is the Agent going to get away scot free?
Any advice gratefully received.
The tenant requested early release from the tenancy due to the people downstairs (not my property) making their lives hell which I consented to.
They moved out, left the place in decent order but have failed to pay the last months rent
I told the Estate Agent who had placed the deposit with the DPS that this was NOT to be released until the rent situation was sorted
I know this tenant is now renting another property via this Estate Agent and there was a whole collection of things I wasnt happy about with using the Agent.
I've not received the rent and the Agent is now ignoring me and I think they've released the deposit to allow them to move into another lease with them but as yet cannot prove it.
So... whats my recourse? Can I lodge a small claim procedure against the Agent? Do I have to legally chase the tenant? Is the Agent going to get away scot free?
Any advice gratefully received.
0
Comments
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You are legally responsible for the deposit.
Have you checked whether it is still registered?
Do you know if the rental agreement permits the use of the deposit to pay the rent?If you've have not made a mistake, you've made nothing0 -
The Agent took care of all that - I never saw sight of it.
I have an email from the Agent stating "the deposit has been placed with DPS" and that was it.
A sidenote is the fella who was dealing with it 7 months ago has been sacked as caught "on the fiddle" allegedly.
I stated to the Agent they were NOT to release the deposit until the rent was sorted.
The lease we had does (I think) allow the rent to be offset on the deposit
My gut feel is it's all with the Agent.
I really hope so as I'd rather be issuing a small claim against a commercial organisation than a tenant who could disappear from their new tenancy and become untraceable
On checking the registration of the deposit how would I go about that?
All I have is the email saying it's been registered there0 -
surely the first thing is to get a proper answer from the agent?
how come they are able to ignore you?0 -
Thanks for both your responses.
The Agent is essentially playing me.
I've just put the phone down to them after chasing up an email I sent 2nd April asking for rent to be paid out of deposit within 7 days - said it was a call in advance to see what their intent was.
Got fobbed off again.
If I dont get the monies deposited tomorrow my intent is to send a Recorded Delivery letter spelling it all out again and giving them 14 days to respond / pay.
If that doesnt work then my next port of call is to go down the Money Claim On Line small claims route to the Agent
I just hope I'm not barking up the wrong tree!0 -
Goodmiester wrote: »Thanks for both your responses.
The Agent is essentially playing me.
I've just put the phone down to them after chasing up an email I sent 2nd April asking for rent to be paid out of deposit within 7 days - said it was a call in advance to see what their intent was.
Got fobbed off again.
If I dont get the monies deposited tomorrow my intent is to send a Recorded Delivery letter spelling it all out again and giving them 14 days to respond / pay.
If that doesnt work then my next port of call is to go down the Money Claim On Line small claims route to the Agent
I just hope I'm not barking up the wrong tree!
Fobbed off? what are they actually saying?0 -
Check with the Deposit agencies to see if it was deposited and if so has it been repaid before you contact estate agents."If you can bear to hear the truth you've spoken
Twisted by knaves to make a trap for fools"
Extract from "If" by Rudyard Kipling0 -
Fobbed off? what are they actually saying?
I'm getting pinged around to different people within the Agency
Classic "head in sand hope they go away" behavior.
I think I've convinced myself now that I'll be lodging a claim against them no matter what.
They, as Agents, were dealing with the monies as a form of trust transaction. If they have released it (to allow the tenant to move into another flat and get another lump of commission!) then they have in effect acted "ultra vires" and against my instruction
My gut feeling is the deposit was never placed with DPS and the fella they've sacked legged it with this and other money!0 -
Goodmiester wrote: »My gut feeling is the deposit was never placed with DPS and the fella they've sacked legged it with this and other money!
Well you best be a bit careful before you start chucking lawsuits around then.0 -
Goodmiester wrote: »My gut feeling is the deposit was never placed with DPS and the fella they've sacked legged it with this and other money!
As explained, YOU are legally responsible for ensuring the deposit is regsitered and the tenant sent the precribed informatin within 30 days.
If YOU failed to do that, the ex-tenant can sue YOU for the return of the deposit and up to 3 times the value, any time in the next 5 years. Does not matter what the EA did or did not do.
So before you start threatening law suits, you need to check with the DPS whether it was ever even secured in the scheme.If you've have not made a mistake, you've made nothing0 -
To be clear: CHECK its protected.0
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