Please help! Trying to receive deposit from estate agents

leejy2

Hi

I am trying to receive my deposit back from the estate agents and it has been over a month since I have left the property. The timeline of events are as follows:

16 June - left property after bringing in professional cleaners (£80). EA complained it was not properly done and charge me £120. I required my deposit back asap so agreed to this as I didn't have time to argue.

June 20 - received email regarding deductions from deposit. Asked me to send closing documents regarding council tax and electricity bills.

26 June - as I was away on holiday I sent the closing documents once I got back, asking for payment. Reply stating it may take up to 10 days to transfer deposit.

7 July - sent 5 emails and numerous calls to request payment (all emails ignored & person responsible 'out of office' every time I called (sometimes numerous times a day), never called back when they said they would).

8 July - sent email stating that I will take legal action and requesting information regarding deposit protection scheme as I have done everything I can to get in touch. Estate agents replies within 4 MINUTES!! asking me for my banking details (which I had already provided numerous times before). Sent them bank details within 20 minutes.

Have not heard from them since.

Have sent them numerous, almost daily emails and calls to get this sorted but never got through to anyone.

15 July - sent an email using a template from shelter.org.uk (letter before action) giving them 14 days to return my deposit otherwise I will take legal action without further notice.

9 days have passed and have received nothing from them (reply & deposit).


Now I am looking at what action I can take.

I have researched online regarding the DPS and their responsibility to be registered to one of three government regulatory body (or something along those lines). Checked the three websites and their name does not come up. Does this mean they are not registered and can I use this against them?

They also do not seem to have protected my deposit but I am unsure how I should proceed with this.

Thank you for reading through all of that and I would really appreciate some guidance and possible steps I am able to take. Let me know if you require any further information!

Thank you for your time

Jae

lewishardwick

Do you still have your original paperwork? Check through it all carefully and any emails from the letting agent (you did keep them ALL didn't you).

I have to go through a few emails to find my DPS details and I've just requested mine through their portal. They now have to do it within a set time-frame, 10 days I believe.

If it's not protected, you may be entitled to 'upto' 3x the Deposit amount, plus the deposit itself (minus any fair deductions).

£80 for a 'professional clean' does sound very cheap. Mine was about £350 inc carpet and curtain cleaning.

pmlindyloo

As soon as the 14 days are up follow Shelter's procedure to get back your deposit.

No more faffing around - just do it!

http://england.shelter.org.uk/get_advice/tenancy_deposits/getting_your_deposit_back/tenancy_deposit_compensation_claims

leejy2

Thanks for the replies!

What's making it really difficult is that I can reach anyone from the estate agent so I do not know whether they have protected it or not!

I have checked all the documents received from the EA but I have nothing regarding any specific information for the deposit being protected. All there is is a small comment in the contract stating that it will be protected through the Deposit Protection Service. They never got back to me when I requested information regarding DPS over 2 weeks ago.

If (but I highly doubt it) it is indeed protected, how can I proceed if I have no way of getting an answer/reply from them. I tried going on the DPS website but I need a deposit ID to log in.

Do I just sit tight and wait till the 14 days are over and follow Shelter's procedure?

Thanks

leejy2

Just managed to check using their website by inputting surname, tenancy start date and deposit amount. It is not coming up with any deposit being protected at that time. I then should be able to take legal action?

pinkshoes

leejy2 wrote: »

Just managed to check using their website by inputting surname, tenancy start date and deposit amount. It is not coming up with any deposit being protected at that time. I then should be able to take legal action?

There is NO obligation to use a professional cleaner. Did your contract state that you must pay for a professional cleaner? Did younleave the property in the same state that you received it in?

I would WRITE to them stating that you have checked with the government deposit schemes, and they have failed in their legal obligation to protect your deposit.

I would then tell them you are giving them 14 days to return the deposit IN FULL, otherwise you will be taking them to court for 3x the amount for their failure to protect it.

Don't faff around agreeing to deductions. Just demand the whole lot back.

leejy2

Hi Pinkshoes

Yes it did state in the contract that it had to be professionally cleaned. It was a small studio apartment with wooden floors and I had kept it clean so there was not much cleaning to be done.

I'm not too fussed about the deduction and would just like to receive the remainder (1750 out of 1938).

So far, all communications have been through email and telephone calls. Am I obliged to give them another 14 days on top of the month or so they had to return it? I did send a similar email giving them 14 days to return my deposit but they never got back to me on this. I sent the email to around 4,5 emails I had contact with.

Do I need to give them notice that I will take legal action by letter, even though I have sent one by email?

Also, if they paid the deposit back within the 14 days am I not able to take them to court for the amount of up to 3x?

Thank you

G_M

Have you checked with each of the deposit schemes?

Read:

* Deposits: payment, protection and return

Put all contact in writing, by letter, addressed to the landlord at the address provided "for serving notices" (may be c/o the agent, may be somewhere else), and copy the agents.