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Tennancy Deposit refund

My son entered into a tenancy agreement with a letting agency and paid a deposit of £850. From the outset several things were unsatisfactory ie slow internet, window not closing properly, problems with door lock, dishwasher not working, no washing machine (as promised) with each issue the agents were contacted and they said they would ask the landlord to resolve this which he never did. After 4 months my son refused to pay rent until issues were sorted, he then got another job and had to move. Currently the agency is refusing to agree to the refund of the deposit due to aforementioned rent not being paid and saying that the landlord wont agree to the refund as my son owes rent. He has all of his email and phone records re complaints but in the meantime hes still over £800 out of pocked. What can he do at this point?
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Comments

  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
    10,000 Posts Eighth Anniversary Name Dropper Photogenic
    Your son had no right (legally) to withhold rent. There are processes to follow for repairs which your son should have followed.

    How much rent does he owe and how was the tenancy ended?
  • ashpan
    ashpan Posts: 361 Forumite
    Tenth Anniversary 100 Posts Combo Breaker
    he owes around £800, he witheld rent for several months and they did nothing about this. What are these 'processes' - how far does one have to go in order to get things done as a tennant?

    tennancy ended when he gave them 4 weeks notice and moved out
  • Far too much heresay in this post for anyone to really help you. There is nothing your son can do at this point apart from raising a dispute with the deposit protection scheme his deposit was held with. They are unlikely to find in his favour in this case. Sorry.

    It is rarely a good idea to completely stop paying rent all together. There are far better ways to deal with minor issues such as the ones you describe and from the little you have said, its probably correct that he (at the very least) loses his deposit.

    Apologies if that is not what you want to hear.
  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
    10,000 Posts Eighth Anniversary Name Dropper Photogenic
    Then if the landlord keeps the deposit they're about even Stevens.

    Your son isn't having much luck with landlords and letting agents is he? Presumably if he's old enough to rent somewhere he's old enough to use the internet....

    https://england.shelter.org.uk/housing_advice/repairs/what_to_do_if_your_landlord_wont_do_repairs
  • Presumably the deposit was held in one of the schemes? If so, I believe the process is your son requests the deposit, at which point the LL will refuse and make a list of deductions including unpaid rent, which your son can then dispute, and then an official dispute resolution process will begin. I'm not sure if it's within the purview of the deposit resolution process to get into whether withholding rent was justified or not; if it's not, and your son admits to not paying rent, then I would expect the decision would favour the landlord.

    As an aside, how old is your son? If he's old enough to sign a contract and pay rent and have a job that requires moving, isn't he old enough to do his own research as to where to go from here? I'm frequently baffled by the number of people asking for advice on behalf of their children/spouses/fourth cousins twice removed.

    Edit: I cross posted with others saying the same things.
  • ashpan
    ashpan Posts: 361 Forumite
    Tenth Anniversary 100 Posts Combo Breaker
    A few more life lessons like this under his belt, and who knows - he may even be able to research his own problems on the internet one day, rather than rely on Mum/Dad to do all the work for him.[/QUOTE]

    FYI - my son has a learning difficulty, not that there is the remotest chance that you would understand what that means- stop and think before you post such nasty, unneccessary comments - why do the moderators allow idiots such as you to post on what is otherwise a very valuable resource???
  • 52%
    52% Posts: 48 Forumite
    Yep, got mine refunded to!
  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
    10,000 Posts Eighth Anniversary Name Dropper Photogenic
    By unhelpful do you mean not what you/your son wanted to hear?

    He should have paid his rent and I have no idea where he got 4 weeks notice from if his rent was due monthly.
  • silvercar
    silvercar Posts: 50,804 Ambassador
    Part of the Furniture 10,000 Posts Academoney Grad Name Dropper
    :A You called?

    I'm not a moderator, you should be aware that the forum is not moderated. Anyone can post.

    I am a board guide, I can delete posts if they are particularly offensive. By posting on a forum you need to expect to get responses that agree with the thrust of your argument and those that don't. Just because someone doesn't agree with you doesn't make them a time-waster.

    The fact is that with holding rent is not a way of dealing with repair issues.

    You may get further advice if you provide further information eg when was the tenancy due to end? Did your son give correct notice and was he on a fixed term or periodic tenancy?
    I'm a Forum Ambassador on the housing, mortgages & student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.
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