Letting Agents shut down

kerrit123

Hi,

So I was renting with a small local letting agent. I found out after signing the contract that this was the second letting agent that the owner, Dennis, had owned. Dennis shut down the first letting agents (A), stealing thousands of pounds in deposits from landlords and tenants, filed for bankruptcy and opened up a new letting agents (the one I rented with) (B).

A few weeks ago, my landlord phoned me to tell me that Dennis had shut down letting agents B and ran away with all of the money from it. Then, from letting agents B, letting agents C has opened, as long as a solicitors that opened to 'help' tennents and landlords from B. However my landlord does not trust letting agents C or the solicitors. He has decided that he wants me to rent privately with him and sent me a new contract to sign, all of which is okay.

However - I have no clue how to/if I can get my deposit back from B because B doesn't exist anymore and C says they're nothing to do with it because they're "a new company". I have spoken to my university advice centre and my local CAB, neither of which know what to do.

Also - I don't think my deposit was protected in any way (like through the DPS) because I don't think I have any documents confirming this.

Any advice? Is my deposit a lost cause? TIA

MyOnlyPost

I believe your deposit is the landlords responsibility not the agents. If the agent didn't register it then the landlord is liable afaik.

This may be slightly different for a student let, but I wouldn't have thought so. Having never done student letting I don't know if different rules are in place/

kerrit123

I spoke to the landlord about it and he said that the deposit is nothing to do with him because my contract and deposit are all through the letting agents.

Also it's not a student let, I'm a student but it's not a student letting agents and I live here with my boyfriend who isn't a student.

Guest101

The landlord is wrong - the agent was HIS agent, not yours.


the LL owes you the full deposit (and if it's not protected cant evict you using s.21 and you can sue for 1-3x the value)

SerialRenter

There is also no need for a new tenancy agreement. You never had a contract with the letting agency, only the landlord did.

This should in no way effect you, except for a changing point of contact.
If the landlord tries to tell you that you'll in any way lose money because of this, then they're either lying or ignorant.

I would very much urge you to check to see if your deposit is protected.
Follow the instructions on shelters guide here to see if it is or not:
https://england.shelter.org.uk/housing_advice/tenancy_deposits/check_if_your_tenancy_deposit_is_protected

like Guest101 just said, they are not complying with the law if it's not protected.

mummy2be1996

Talk to CAB they will help you and report the estate agent.

kerrit123

I have spoken to CAB and they didn't know how to help me. Also the estate agent is currently being criminally investigated and has been for several months.

Out,_Vile_Jelly

Your LL sounds like an idiot, so be prepared for a lot of arguing, but your deposit is definitely their responsibility. Do you have a contact address for the LL?

Edit: you can read more about tenancy deposits here: https://england.shelter.org.uk/housing_advice/tenancy_deposits

Note the above is assuming you are in England.

kerrit123

@Serial Renter

Thanks very much. Not quite sure what my landlord is doing then as it seems he is saying that the contract I signed was with my letting agent, that they wrote up the contract and it's nothing to do with him?

The landlord isn't asking for any fees or a deposit or anything but he is telling me that the deposit I paid to my letting agent is nothing to do with him and he is not allowed to get any information about it. At this point I'm just assuming a loss of the money and if I manage to get it back then it's just a bonus.

Guest101

kerrit123 wrote: »

@Serial Renter

Thanks very much. Not quite sure what my landlord is doing then as it seems he is saying that the contract I signed was with my letting agent, that they wrote up the contract and it's nothing to do with him?

The landlord isn't asking for any fees or a deposit or anything but he is telling me that the deposit I paid to my letting agent is nothing to do with him and he is not allowed to get any information about it. At this point I'm just assuming a loss of the money and if I manage to get it back then it's just a bonus.

So presumably he doesn't want your rent either? Since the contract is nothing to do with him


What an idiot.

Out,_Vile_Jelly

Yes, many LLs pay an agent to administer the contract for them, but the fact remains that the contract is between LL and tenant. Even if it has the agency's address, it is between LL and tenant. Why let them steal your money?