The landlord owes me money, what steps should I look to take?

garbadine

Hello all,

Recently we moved out of a flat before the end of the contract, on the agreement that if the tenancy was taken over before the end of ours, we would not have to pay the rest of the rent.

The agent 'forgot' to tell us that it had been taken over, and by the time we found out, another monthly payment had already gone out.

The property was not managed by the LA, and the monthly payments went directly to the LL.

Last week, on Wednesday, the LA called me, and said they had spoken to the LL, and he would be transferring the money over the following day via a bank transfer.

Today - still no sign (5 working days later) - tried to call the LL directly, went to voicemail, so left a detailed message, but no call back yet.
Incidentally, he has had the extra money for 3 weeks now.

I then rang the LA, who said she would chase him up again.
I am aware this could be a along protracted journey I am on, but no way am I giving up on it, as we are owed in excess of £1000.

Mostly I hold the LA responsible, as they should have told me it had been taken over, but irrespective of that, there is still the extra amount from the previous months payment we are owed.

If I do need to go down the official route (How much more time should I give it?), what would you recommend, and who should I address the legal consequences too?

Presumably the LL, but I don't see why the LA should wash their hands of it.

Am I best to get a solicitor involved, or use one of the government claim systems, or could this be a case for the small claims court, and if so, has anyone been there and got the t-shirt?

Incidentally, there is no conflict over the deposit, this was held by the LA, and has already been returned in full.

Would appreciate any advice you are able to give me on this.

Many thanks

Garbadine

olly300

Legally the LL is responsible for the property so you have to chase them up. This is small claims court stuff so no need for a solicitor.

Send a "Letter Before Action" to the LL stating that if you don't receive your money within 7 days you will start court proceedings and they will be liable for costs and interest. Mention in the letter the fact that you didn't get the previous promised payment.

Unfortunately you cannot do anything legally to the LA except tell the world how they were as a LA i.e. name and shame. However you need to stick to the facts.

garbadine

Thanks Olly,

we don't want it to get to that stage, and hopefully it won't.

I think we'll give it a few more days, and only then send the letter.

If I put myself in the LL's position, I would want to get rid of that money as soon as I could, at the end of the day it wouldn't be my money, and it;s one more hassle to sort out - once I send it, it's done, forget about it and move onto real stuff.

Weird how some people work.

G