Rent Deposit refund issues - who is responsible?

billy_goat

Hi all,

I recently terminated an AST early using a break clause in the contract. The contract was originally from September 2016 to March 2017 and I terminated in February 2017. The property was a shared property in which I rented 1 room. I paid my rent until the final day of my tenancy in February and paid a deposit in August 2016 of £900. The break clause cost £300 and there was an additional £100 for 'admin fees at the end of the tenancy' specified in the contract.

Since leaving I have received no communications from the letting agency regarding the return of my deposit (which I believe should be £900 - £300 - £100). This week I sent a signed for letter to the agency to request refund of my deposit.

But (seeing as they haven't responded to calls/emails so far), to be prepared - if I have to pursue this who do I go after:
- The letting agency
- The owner of the property

The letting agency - I have their registered address from the tenancy, the owner did not live in the property at any time during my tenancy however had tonnes of post delivered there. He also has companies registered at that address (i.e. he has companies registered at this address so presumably I can use this address to notify of any impending court action).

Additionally, I have never received any confirmation of the tenancy deposit protection scheme used, so do not know where I can actually track this money? The name and contact details of the owner of the property are not provided in the tenancy agreement - only that of the letting agency, who are specified as the 'licensor' in the tenancy.

Thoughts? Has anyone been in a similar situation? Its now 2 months since I moved out, so I don't think I'm being hasty, just a tad peed off at the agent...

G_M

First check if your deposit was protected (see link below).

If yes, read the relevant scheme's guides on how to apply for it to be released.

If not, send a 'Letter Before Action' to the landlord, with a copy to the agent, giving 5 days for the deposit to be returned after which you will apply to the courts for
a) the deposit and
b) the penalty for non protection and
c) your costs

See also

* Deposits: payment, protection and return

billy_goat

G_M wrote: »

First check if your deposit was protected (see link below).

If yes, read the relevant scheme's guides on how to apply for it to be released.

If not, send a 'Letter Before Action' to the landlord, with a copy to the agent, giving 5 days for the deposit to be returned after which you will apply to the courts for
a) the deposit and
b) the penalty for non protection and
c) your costs

Thanks - will have a read through and if I don't get a response to the letter I sent requesting the refund of the deposit to the Agent (not a LBA) then I will follow up with a LBA to the landlord + agent.

Guest101

billy_goat wrote: »

Hi all,

I recently terminated an AST early using a break clause in the contract. The contract was originally from September 2016 to March 2017 and I terminated in February 2017. The property was a shared property in which I rented 1 room. I paid my rent until the final day of my tenancy in February and paid a deposit in August 2016 of £900. The break clause cost £300 and there was an additional £100 for 'admin fees at the end of the tenancy' specified in the contract. - doesn't sound like a great break clause to be honest. When you say shared, do you mean each person had their own tenancy agreement?

Since leaving I have received no communications from the letting agency regarding the return of my deposit (which I believe should be £900 - £300 - £100). This week I sent a signed for letter to the agency to request refund of my deposit.

But (seeing as they haven't responded to calls/emails so far), to be prepared - if I have to pursue this who do I go after:
- The letting agency - possibly, but only as a joint defendant
- The owner of the property - yes

The letting agency - I have their registered address from the tenancy, the owner did not live in the property at any time during my tenancy however had tonnes of post delivered there. He also has companies registered at that address (i.e. he has companies registered at this address so presumably I can use this address to notify of any impending court action). - use the address in your tenancy agreement

Additionally, I have never received any confirmation of the tenancy deposit protection scheme used, so do not know where I can actually track this money? The name and contact details of the owner of the property are not provided in the tenancy agreement - only that of the letting agency, who are specified as the 'licensor' in the tenancy. - Who is named as the landlord?

Thoughts? Has anyone been in a similar situation? Its now 2 months since I moved out, so I don't think I'm being hasty, just a tad peed off at the agent...

Check the schemes to see if your deposit is there?

billy_goat

Just happens that I have an update to this now as well....

@Guest101 - doesn't sound like a great break clause to be honest. When you say shared, do you mean each person had their own tenancy agreement? - Yes, shared accomodation in London, each room was a seperate tenancy.

use the address in your tenancy agreement update to this - the letter that I sent signed for delivery has been 'returned to sender' using the Agents address as per the tenancy agreement. The Landlords address was not provided in the tenancy agreement. The only way I have this is from physically seeing his mail + a land registry check to confirm the owner is the same person (then subsequent companies house check to confirm he has companies registered at the address I was staying).

Who is named as the landlord? - the lease only names a licensor and does not name the landlord. However the land registry has given the name of the Landlord (presumably landlord = owner of the property??) as per the title deed.

Next question - How do I proceed, bearing in mind Royal Mail were unable to deliver to the Agent's address - can I follow up by sending the LBA to the Agent and the Landlord? Though the Agent is, I believe, rejecting mail (<- unsubstantiated)

Guest101

billy_goat wrote: »

Just happens that I have an update to this now as well....

@Guest101 - doesn't sound like a great break clause to be honest. When you say shared, do you mean each person had their own tenancy agreement? - Yes, shared accomodation in London, each room was a seperate tenancy. - excellent

use the address in your tenancy agreement update to this - the letter that I sent signed for delivery has been 'returned to sender' - never send these notices 'signed for' for this very reason. using the Agents address as per the tenancy agreement. The Landlords address was not provided in the tenancy agreement. - is not a requirement, as long as the address is in engalnd or wales The only way I have this is from physically seeing his mail + a land registry check to confirm the owner is the same person (then subsequent companies house check to confirm he has companies registered at the address I was staying). - not relevant.

Who is named as the landlord? - the lease only names a licensor and does not name the landlord. - in which case you need to ask the agent to provide the details of the landlord as required by law, they have 21 days to do so (or 28 days, I forget) However the land registry has given the name of the Landlord (presumably landlord = owner of the property??) as per the title deed. - no. Your landlord could be anyone

Next question - How do I proceed, bearing in mind Royal Mail were unable to deliver to the Agent's address - can I follow up by sending the LBA to the Agent and the Landlord? Though the Agent is, I believe, rejecting mail (<- unsubstantiated)

Send it first class, not signed for

billy_goat

Guest101 wrote: »

Send it first class, not signed for

Thanks for the help

So what I am sending now? A request for the landlord's details? Or a LBA to the Agent? (I'm not in any real rush right now, so can send a request for the details and wait until next month to see whether I receive a reply)

G_M

The owner of the property may or may not be your landlord. The property may have been sublet.

So you have a contract with no named landlord? Is the agent's name given in the space for the landlord or what?

If the agent's address is provided 'for seving notices' then that is where you serve legal notices on the landlord.

Send your LBA to that address. If the only name you have is the agent, use that (they may well be your landlord eg if the owner has let the property to them and they are sub-letting to you).

The problem with signed-for mail is that it may not be signed for! Send TWO 1st class letters (just so it cannot be argued that both went missing) Take to post office and ask for 'proof of posting'. It's free. Keep the receipt.

Courts will accept that a 1st class letter was delivered (served) 2 postal days later.

edit: pointless asking for the landlord's name now.
* I suspect you'll be ignored
* you'reno longer a tenant therefore the Landlord & Tenant Act 1985 does not apply and you don't have to be told.

LBA.

Guest101

G_M wrote: »

The owner of the property may or may not be your landlord. The property may have been sublet.

So you have a contract with no named landlord? Is the agent's name given in the space for the landlord or what?

If the agent's address is provided 'for seving notices' then that is where you serve legal notices on the landlord.

Send your LBA to that address. If the only name you have is the agent, use that (they may well be your landlord eg if the owner has let the property to them and they are sub-letting to you).

The problem with signed-for mail is that it may not be signed for! Send TWO 1st class letters (just so it cannot be argued that both went missing) Take to post office and ask for 'proof of posting'. It's free. Keep the receipt.

Courts will accept that a 1st class letter was delivered (served) 2 postal days later.

edit: pointless asking for the landlord's name now.
* I suspect you'll be ignored
* you'reno longer a tenant therefore the Landlord & Tenant Act 1985 does not apply and you don't have to be told.

LBA.

You're right it's only current tenants that can use the legislation.


I suppose separately the OP could petition a court for an injunction requiring the LA to supply those details in pursuit of court action

billy_goat

To add a little additional info. My lease states the following (with Addresses/Names redacted):

License Agreement
Premises ADDRESS HERE
Licensor (Name and address of Licensor) AGENT NAME AND ADDRESS HERE
Licensee MY NAME HERE
Term ...
License Fee ...
Deposit ...

The licensor lets and the licensee agrees and takes the premises for the term and at the rent specified above subject to the license conditions set out overleaf.

Can I interpret the above to say that the landlord is the agent?

Guest101

billy_goat wrote: »

To add a little additional info. My lease states the following (with Addresses/Names redacted):

License Agreement
Premises ADDRESS HERE
Licensor (Name and address of Licensor) AGENT NAME AND ADDRESS HERE
Licensee MY NAME HERE
Term ...
License Fee ...
Deposit ...

The licensor lets and the licensee agrees and takes the premises for the term and at the rent specified above subject to the license conditions set out overleaf.

Can I interpret the above to say that the landlord is the agent?

Why are they claiming you were a licensee? Who else lived there?