Rental deposit return

bonnand

Hi thanks for the latest batch of assistance.

CAB suggested LBA but as previous post suggested "be calm polite" I don't want legal, I just want my deposit back as it is a large amount for me.

Let you know how it goes.

Thank you

FBaby

The agent came to see us and we discussed the situation and he agreed to relist the property and WE would pay the fees for the listing.

I must have missed it but have you paid this? How much was it? Are you sure that this included ALL the fees and that the agent didn't use the situation to charge you both some fees (exit fees) whilst still charging the LL for getting them a new tenant?

bonnand

Hi

The agent advised that the cost to relist the property on "Openrent" property site would be £30.00 and we agreed that this would be deducted from the deposit on return. The deposit was £700.00 and we made also sure the property wa spotless when we moved out. The agent also checked the property with we and said he was happy with everything. At this point I said if we could have the deposit back within 7 days it would help, no mention was made of LL keeping it.

I have sent an LBA today giving 14 days settle the situation (on the advice of local CAB), should I also email a copy as I know he will receive that way as well, I just want to cover all points and get this sorted quickly.

Thanks for reading again.

FBaby

The agent advised that the cost to relist the property on "Openrent" property site would be £30.00 and we agreed that this would be deducted from the deposit on return

Really? mmm, something doesn't sound right here as I've never known a LA charging only £30 to the LL for re-letting a property. Maybe they meant £30 just to advertise it, but forgot to mention all the additional costs, including doing a credit check, inventory, showing prospective tenants etc...

After our meeting, I confirmed the discussion by email and the agent agreed with it all

What did you put in the email and how did they agree? Did you say 'I'll be moving on date X, LL has agreed there will be no penalty for breaking the lease and only £30 will be kept from the deposit' and they responded saying 'yes, I confirm that is the agreement'. Or did you email to say 'I'll be living on date X as agreed when we met up' and they responded by saying 'ok'?

It was not returned nor protected within the 30 days from payment so OP is entitled to argue for it's return AND the up-to-3xdeposit penalty.

I'm confused here. Firstly, OP hasn't confirmed that the deposit wasn't protected. He says that he was first told that the LL didn't have to do so since it is under 30 days, but then was told that it would need to be released from DPS. So should this be checked first before starting to write letters?

Even if it is not protected, I can't see anything where OP states the date by which the deposit was received and confirmation that by the time he left, it was over 30 days? Or are you saying that even if wasn't, the LL broke the law? How?

bonnand

Hello,

A quick run through:

The agent is not a LA, he is acting on behalf of the LL and the agent works for him in another capacity.

We sent the agent an email explaining openly and honestly the reasons why we needed to end the tenancy early. During the two weeks of discussions and us doing viewings for the agent, no mention was made that we would not get our deposit back. If he had done, and especially when I asked about its return on at least three occasions, then we would not be on here asking for advice and still be in the property.

I have spoken with CAB and explained all in detail and they have advised that I have a solid case and I send the letter and I feel that this is now the only course of action. I will email the letter to the agent later today to back up my hard copy of the letter.

All along, I just want to get back our money. And I stress again, there was no inconvenience or financial loss to the LL at all in any capacity. As for costs of referencing, £40 for a couple, £30 for relisting and there was no inventory to do. Still doesn't add up to £700 does it? I also know for a fact that when we filled out our referencing form, he did not contact my employer or previous LL which I think says a lot about this agent and LL as being very unscrupulous and thinking they can screw someone over.

I apologise for above but you must understand I am out of pocket and have bills to pay which that money was going towards.

Thanks

G_M

You may be 'out of pocket' but that is not the point. You signed a contract and then decided to end it. The law does not make decisions based on who is out of pocket.

The 2 points which still are unclear:

1) was the deposit protected or not - you have said both 'no' and yes' at different times in this thread. Have you checked? See link below.

2) what was actually agreed? You refer to emails, and give some generic explanations of their gist, but no hard facts. Inorder for a deposit scheme arbitrator, or court, to decide on what is owed, the exact wording by either side is required.

If you quote what was agreed in writing, then perhaps people here can assess what a could would be likely to decide.

* Deposits: payment, protection and return

bonnand

Hello,

I was told the deposit WAS protected by the LL's agent. When I chased up the return I was then told it wasn't in a scheme and the LL had 30 days to register it. However, the CAB website advised that a LL should notify you straightaway which scheme he/she will use even if they take 30 days to register it. Again, the CAB website advised that this is a breach of the rules on deposits.

I have already explained on this forum and to CAB the facts in detail and our actions. Yes, we ended the tenancy early but with the agreement of the LL's agent. We also agreed we would only vacate the property when new tenants were found to ensure no loss of rental income to the LL. We moved out, new tenants moved in 24 hours later!!!

I cannot see where the LL has lost out in this situation, can you? However, I am out of pocket by £600 for two removals in one one month plus my £700 deposit but I am not putting the cost of removals on the LL, I have to bear that cost.

If you can show me where the LL has lost money, rental income or anything else on this situation then please tell me.

Many thanks again.

G_M

Oh dear - you are becoming like a broken record. You are not hearing what you want to hear so you are simply repeating what you believed at the start....

bonnand wrote: »

Hello,

I was told the deposit WAS protected by the LL's agent.
Have you checked? Stop relying on what you were told and check for yourself.
See
* Deposits: payment, protection and return

When I chased up the return I was then told it wasn't in a scheme and the LL had 30 days to register it.
Yes, 30 days
However, the CAB website advised that a LL should notify you straightaway which scheme he/she will use even if they take 30 days to register it.
Then CAB are wrong. The law does not require this.
Again, the CAB website advised that this is a breach of the rules on deposits. CAB are wrong if this is what they say.
See the link above to 'deposits'. The law requires
a) protection within 30 days and
b) supply of the 'Prescribed Information' to the tenant within 30 days.

I have already explained on this forum and to CAB the facts in detail and our actions.
But without quoting the exact words of any agreement made.
Yes, we ended the tenancy early but with the agreement of the LL's agent. We also agreed we would only vacate the property when new tenants were found to ensure no loss of rental income to the LL. We moved out, new tenants moved in 24 hours later!!!
Exact terms of agreement required to comment sensibly. This is too vague.

I cannot see where the LL has lost out in this situation, can you?
As explained, this is irrelevant
However, I am out of pocket by £600 for two removals in one one month plus my £700 deposit
As explained, this is irrelevant
but I am not putting the cost of removals on the LL, I have to bear that cost.
:rotfl:


If you can show me where the LL has lost money, rental income or anything else on this situation then please tell me.

Many thanks again.

You are still focussing on who has lost what.

That is irrelevant in determining who owes what to who. What matters is the terms of the (various) contracts that were agreed.

As you have not quoted those exact terms, we cannot advise fully.

bonnand

I checked the various schemes and I could not find details but I was advised differently from the LL's agent.

So then what you say is that I should not bother with CAB even though I have had a one-to-one consultation and they have advised send an LBA as I have the right to the return of the deposit.

I feel that most people are not listening to my side, where has the LL lost money? If we were told from the start that we would have to stay for the full 6 months the we would have gritted our teeth and done that. I had consideration to my employer to change my situation or possibly find other employment.

I feel that this LL has acted unscrupulously and we as tenants have to go through checks and pay money up front but I cannot check the background of a LL to make sure he hasn't done this to others. And furthermore, this LL will now have a guaranteed 6 months rent plus our 1 month, I met the new tenants and I know their situation in detail and they needed to be living in the area due to the change in their work.

The principal I feel, and I am just an ordinary person trying to get on, is that the deposit is paid to protect us both and also for the LL to recover money at the end of a tenancy due to damage etc. So I will ask again, in our situation, can you tell me where this LL has lost any money at all?? I have explained in several posts how it was "one in and one out" in the property.

Maybe the broken record is others (i.e. Other LL I would think?) who don't want to accept that a tenant is being upfront and honest about the situation of why the tenancy ended early.

I am sure that most people would be the same if they had lost out on £670.

Thank you

pinkshoes

This thread seems to be going round in circles!

Clearly the OP has agreed to end the tenancy early, pay readvertisement fees and rent until a new tenant was found. Agreement in person then backed via email.

A tenant was found and moved in the day after, so no loss of rent to claim for.

There may have been other costs, but this was not agreed at the time so cannot now be backdated. If the LL disagrees, he should take it up with the agent.

The OP should now get his full deposit back minus the agreed £30.

The deposit needs to be protected, but the LL has 30 days to do this, so it might just be easier to return it minus the £30 if it has not been protected yet.

If the LL is demanding the full deposit, the OP should demand the keys back!