Being harassed by letting agent

sockpuppet

I previously posted here as my agent had served me with a section 21 to leave the property in 2 months time... No problems at all, just a notice out of the blue. I cant find my previous post so have started a new one...
He is now harassing me to leave early and has being doing viewings with about an hours notice (he just rings or texts and says he has informed me, so will just let himself in!!)
He has now found new tenants, taken a deposit and given them a date of 28 August - my notice period does not expire until 28 September!!!!

I initially was renting with my ex-partner and I paid the deposit initially. When we split up the agent agreed that the tenancy could continue with me as sole tenant, and a new agreement was signed in just my name.
We never received the PI when we moved in, so had no confirmation the deposit had been protected (despite several requests...)

I was assuming the S21 (given in my name only as per the new tenancy agreement) was more than likely invalid, but the agent told me he had registered it initially and in my ex's name so to get it back I had to get a male friend to call DPS and 'pretend to be my ex'

It had not been amended to my name only alongside the new tenancy agreement.

Does this now mean the section 21 is valid, even though we never received the PI at any point??

He has made me sign a form to say I will leave on 28 Aug in return for my deposit back (but he hasnt given me the money, just said a friend will have to call and request it)
I dont know why I signed it - he scares me to death and had let himself in. (I live alone with my young son)
Does this now overrule the date of Sept 28?

I have nowhere to go in september, let alone next week. I have just started a new job and cant find anywhere as do not earn enough for the income requirements of letting agents, and he wont give me a reference even though I have had no issues... Rent is all paid, i have decorated, no problems at all....

Sorry for the long post, I am totally panicking now. Am waiting on an appointment to see the lady at Shelter, hopefully she will call me back tomorrow, but just wondering if anyone knows if I will now have to move out next week???!!
Just do not know what to do....

G_M

Your thread:

https://forums.moneysavingexpert.com/discussion/comment/68946270#Comment_68946270

Re access: have you read:

https://forums.moneysavingexpert.com/discussion/5308043

Do you have a written tenancy agreement in your sole name? Have you checked each scheme to see if your deposit (OR the original deposit) is registered?

Read:

* Deposits: payment, protection and return

Marktheshark

Sack them if they are acting as agent is 3 party arrangement.
Solves that one, its then the landlords responsibility to evict you.

Dear Agent, as I understand it you are acting as Agent in a Tri-party agreement, I therefore Sack you as my agent.
You are now no longer agent in the agreement.

sockpuppet

Oh no, I didnt see that reply...thanks GM

I think I just had a complete panic... I was hoping that the deposit should have been re done in my name and as it hasnt been then at least I can buy a bit more time....

Though if he returns the deposit to my ex, thats the last I shall see of it... And without it I cant afford to rent anywhere else!

Does that thing he made me sign mean I need to leave on Aug 28 though??

Stupid me... Do not know what I was thinking of, was just so worried that I would lose nearly £1300 if I didnt sign it.

sockpuppet

Yes, I did get a new AST in my name only.

No I tried to check what he said, under my name there is nothing and I tried with my ex!s name and they wanted the contact phone number from the time and I cant remember his mobile number from two years ago (he changes phones all the time) and I cant get in to check...

He could be lying I suppose, he wont give me a copy of the PI from when he so-say registered it

sockpuppet

Yes, I did read up on the access for viewings but he wont listen... I am not allowed to change the lock and mine is one where you cannot just swap the barrel over.
He said that once he has informed me he will just let himself in. I can put the chain on if I am in but if I am at work I cant do anything....

Plus I work shifts so cant always be there when he wants to come round.

dgtazzman

As G_M has said in your other thread, the deposit should have been registered in your name when your ex left. It was up to the LL to arrange this, not you. To be fair, at this point the LL can only agree for the full deposit to be released if it is still in a scheme, so if you arranged that it would be paid back to your ex, then you might be in a bit of a pickle. You could try contacting the scheme directly and amending the details of where the deposit gets repaid. If it was a joint tenancy as you say, it should have been registered in both names. If a male friend would request it back, that would be fraud and they would be asking him for personal details he might not have.

As for the paper you signed, I doubt it's legally valid. Even if it is written in a correct format, I would argue you signed it under duress. It would have to go to court and that will buy you time.

I'd be seeking some proper legal advice and I'd also tell him he isn't welcome to let himself in anymore without at least 24 hours notice. If he does, get the police involved as it's harassment.

anselld

The entire DPS return process can be done online provided your ex will cooperate by giving you the deposit ID and repayment ID for access. You will get the opportunity to enter your own bank details online. Nobody needs to phone up.

thesaint

Marktheshark wrote: »

Sack them if they are acting as agent is 3 party arrangement.
Solves that one, its then the landlords responsibility to evict you.

Dear Agent, as I understand it you are acting as Agent in a Tri-party agreement, I therefore Sack you as my agent.
You are now no longer agent in the agreement.

Anyone reading this^^^

Please, please, please ignore. It's complete nonsense. :eek:

thesaint

sockpuppet wrote: »

I am not allowed to change the lock and mine is one where you cannot just swap the barrel over.

Can you post a picture of your lock set up?

sockpuppet

Thanks everyone
Anselld, he doesnt have any ref numbers as we were never given the PI first time either...
It was never agreed to be repaid to him, it was always mine...I paid the deposit, he paid the first months rent when we moved in