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Rental Deposit - Credit Card

Hi,
My landlords letting agent has done a bunk with my deposit but I just found out that I paid this with my credit card.


Q1. if I cant get it back from the letting agent, could I get it back from the credit card?


Its just over a year since I paid (1 day over).


Any idea how I can claim.


Thanks in advance.

Comments

  • stator
    stator Posts: 7,441 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    No idea, but was it registered with a deposit protection scheme? Are you still in the tenancy? Really it's your landlords problem not yours
    Changing the world, one sarcastic comment at a time.
  • The deposit was supposed to be but the letting agent faked the deposit, etc... and the police are investigating, so doubtful if that route has any cash at the end of the rainbow!


    Thus the credit card route?
  • Did they have the deposit? Whilst you pay it to them it should then be deposited with one of the tenancy deposit schemes and you can appeal to them to give you the deposit back directly - though if the landlord is agreeing the deposit should be returned then its not a dispute but a simple request.

    The issue with a claim on your credit card is going to be who is providing the service/ product that you were paying for? The estate agent, as their name suggests, may well be considered an agent of the landlord and not the provider themselves in which case a S75 claim would fail but on the basis they never forwarded the money you've a chance

    Ultimately its your landlords issue though as your contract with them says the money will be paid to you
  • Tixy
    Tixy Posts: 31,455 Forumite
    I suspect that this would not be covered by s75 because your contract is with the landlord not the agent. May be worth asking on the house buying & renting section of the forum, as it may well have come up as an issue before.

    But you don't need to get anything back from the agent, it is your landlord who owes you any deposit paid. Then its up to him to chase his agent.

    It is the landlord who is responsible for protecting your deposit. If he has failed to (and that includes his agent failing to do so) and he then fails to return your deposit when asked then your next step usually to commence court action against the landlord.
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