transfering deposit to new managing agent

butterfly72

I rent a property and the landlord has just changed the manageing estate agent. I've received a letter from the new agents asking me to sign for the fact that i require them (the new agent) to apply for transferring my rental deposit from the old agents to them. Is this normal? I don't like signing things I'm unsure about and also why should be involved in this transfer (apart from it being my money), shouldn't the landlord be responsible for this? I'm worried because I think the old agents are struggling. I don't want to loose my deposit.

thanks.

clutton_2

are you signing a new AST ? if so, the deposit will need to be put into a new Deposit scheme. your bottom line is that the landlord is responsible for your deposit, whether he uses an agent or not.

i suggest you agree to transfer it to new agent - but to insist that it be put into a Deposit Scheme. If the new agent refuses this, i would seek advice from Shelter immediatley.

butterfly72

No, there is no AST to sign. Its just been transfered over. Also I'm sure the deposit isn't in a scheme. Can it still be put into one? It was initially given over Aug last year.
thanks

clutton_2

you are now 13 months from your last signed AST. i would ask for a new one at the same rent, then the managing agent will have to put the deposit into the new legal schemes and you will be protected. however, the landlord may now want to increase the rent.

silvercar

Presuming your original AST was for 12 months, your tenancy is now periodic. No problem with this, except that the requirement for landlords to protect deposits only apply to new or renewed ASTs since April. Asking for a new AST will mean that legally the landlord has to now protect your deposit. Continueing with a periodic tenancy under the terms of the AST leaves your deposit unprotected.

butterfly72

Well, my opening post was in Sept 07 and the old agents still haven't transfered my deposit to the new agents. I've written letters and phoned but nothing. I spoke to them yesterday and was told that the money was safe in a trust and the transfer will happen at the end of the month. I don't think it will, they are all talk. It turns out they hadn't been passing on our rent to the landlord. They are being suied by the LL and its not looking good for them.

My contract is still with the old agents who have the deposit and seems to have been sidelined as getting the deposit back is the main concern. The new agents has made it clear in so many words, that the deposit is our problem. Not sure I trust him either. 2 couples who have left the flats have managed to get their deposits back after a lot of hassle.

I'm not sure what to do now. Do you think we should get our own legal advice??

clutton_2

set aside 3-4 hours and read eagerlearners thread on here re getting her deposit back. you will need to take them to court to get this money back. you do have a receipt for it don't you ? (this may be in your tenancy agreement)

butterfly72

Well I've written and phoned and had false promises of the transfer by the end of the month. The old agent put the phone down on me today and on my OH last week and one minute 'the cheque is in the post' in the next 'I'll be doing a cheque tomorrow'. He is full of it. So it seems that the legal route is my only option. Its gonna be scary but here goes.....!

clutton...yes have a receipt and copies of all correspondence and phone calls etc!

clutton_2

go for it - they are taking you for a fool right now and hoping that you will give up and go away DONT let them get away with it !!!!

"" My contract is still with the old agents"" - legally your "contract" is with the landlord.

Even if the managing agent screws up - the landlord is still fully responsible and s/he is legally responsible for the deposit - even if the agent has run off with it.

Why should a tenant be the victim of a poor managing agent ?