Am I being unreasonable?

lopsyfa

Sometimes people can think the way they see thing is right so I just need others opinion on this before I make any complaints.

In April last year we rent an unfurnished house through a lettings agent but because my contract then ends in March this year (before the end of the 12 months contract), the letting agency insisted I pay 2 months in advance in addition to the deposit. So I paid £2050 (2 months rent and £750 deposit). So they protected the £750 deposit with DPS.

Last month the LL and his wife came to the house to say they want to move back in to the house and can we move at the end of the tenancy on 30th-Apr and I said ok. I receive the notice from the letting agent which gives the proper 2 months.

Last week, the landlord called again to say they have found a tenant for their other house, can I please move by the end of this month (a month before the end of the 12 months tenancy agreement) and I said ok because we have good relationship with the landlord. The next day, last Sunday, the letting agency called to say can we make it 25th of March. I then told them I am willing to move but I will need them to refund the rent I have paid in advance (I have already paid till 29th of April because of the two months paid in advance) so I can use the fund to arrange my move to alternate accommodation. The lady said ok, will speak to account.

I called again on Monday to ask for the money, the lady said no reply from account yet but they will refund it. So I arrange to move to another house early, move my holiday from work to week of 25th of March and arrange a moving company.

I didn't hear back from the letting agency so I sent them an email yesterday asking for the refund and got a reply today to say we can't pay you until you leave the house. So I called the letting manager and she repeated they can't pay me because I could then decide not to move out. I pointed out that is what my deposit is meant for and I need this rent that I have paid in advance. And she said no, I should speak to citizens advice if I have a problem with that.

Essentially, they are treating my money as a deposit but they have failed to register it and have also kept this money for 10 months without securing it. I will like to have my money back before moving because I believe this agent may want to unlawfully not refund it once I move and may keep hold of part of it if they decide something in the house is not as it should be. I also want to report them for unlawfully taking a deposit and not securing it because they didn't pass the money I paid to them in advance to the landlord and also did not secure it. Instead, they put it in their account - what happens if they have folded up in that time?

These agents should not be allowed to operate like this- likely I can pay but not many people will be able to pay for a move while this company is not releasing like extra £700 + the deposit.

Deep breath, long story.

Guest101

Tell your LL not agent that either money in 3 days or you stay until evicted legally.

lopsyfa

The landlord said no problem but we didn't pay it to him.

Lemonsqueezer78

Tell your landlord to advise the LA "no problem"... they act for him/her.

marliepanda

lopsyfa wrote: »

The landlord said no problem but we didn't pay it to him.

Letting agencies don't collect rent for the milkman.

You did pay the landlord, through the agency.

Don't shift until you get it

Pixie5740

Your contract is with the landlord not the letting agent. It's the landlord who has a contract with the letting agent. This means that ultimately it is your landlord's legal responsibility to protect your deposit. If you sue anyone for non-protection it's him. It's also the landlord who wants you to move out of your home before the end of your fixed term because it suits him to do so. Tell him that you will move but that you want your money back and if you don't get your money back then it's no dice and you'll be staying put.

I hope that you have evidence of this early surrender in writing.

lopsyfa

The LA was very clever, they didn't send any letter of the early surrender but I got the lettings manager to confirm it in an email today because my initial fear was them kicking me out on 25th of March and then keeping my rent saying I am contracted till April-29th.

I will speak to the LL tomorrow, like I said the LL is an old man and has been very nice to us. He has come to fix everything on time and has told the agency to never come to check the house because he regularly come over and see the house is kept well. I am trying to avoid inconveniencing the landlord as well as not paying two rents because I have now arrange to move by 25th of March. But as advised, I will have a word with the landlord tomorrow.

These agents shouldn't be allow to behave like this - they may be dealing with vulnerable people and I thought my demand was not un-reasonable.

Thanks for all your replies.

lopsyfa

Lemonsqueezer78 wrote: »

Tell your landlord to advise the LA "no problem"... they act for him/her.

You are correct but what I was trying to say is they didn't give the money to him. But technically, you are right.

Lemonsqueezer78

Tell the letting agent then - the money or you stay until you are evicted... And advise them that they can explain that to the LL. You'll see a credit to your bank statement shortly, I suspect.

lopsyfa

Called landlord now, he will have a word with them tomorrow. He didn't know they were collecting one month in advance, they always pay him every month so has till this month I think :-). Hopefully they will see a reason before I report them to the ombudsman for not protecting my money

cooltt

lopsyfa wrote: »

Sometimes people can think the way they see thing is right so I just need others opinion on this before I make any complaints.


Essentially, they are treating my money as a deposit but they have failed to register it and have also kept this money for 10 months without securing it. I will like to have my money back before moving because I believe this agent may want to unlawfully not refund it once I move and may keep hold of part of it if they decide something in the house is not as it should be. I also want to report them for unlawfully taking a deposit and not securing it because they didn't pass the money I paid to them in advance to the landlord and also did not secure it. Instead, they put it in their account - what happens if they have folded up in that time?

These agents should not be allowed to operate like this- likely I can pay but not many people will be able to pay for a move while this company is not releasing like extra £700 + the deposit.

Deep breath, long story.

Letting agents are complete lying, thieving scum! And should be treated as such at all times. This particular den of filth that your involved with are doing both landlord and tenant over at the same time and need to be exposed.

With their skin tight trousers and bleached blonde hair, their only purpose in life is to make others suffer to numb the self loathing of their failed life choices. I'm a landlord and I speak to them like the rats filth they are, it's the only language they understand.

Give the a date to return the money or initiate court action that's it.