Chasing Landlord for Deposit

ThePants999

You already understand the law, I think, better than the landlord - he's liable to you, the agent is liable to him.

If he's not resident in the UK, though, getting your money back via UK courts may be tricky

dimbo61

If you take this to court and cannot get your deposit returned you may find other avenues as you are now owed a debt.
Bailiffs or a charging order on the property.
The Landlord is responsible for your deposit, HIS letting agent is just that HIS agent.

steampowered

I would politely write back to the landlord explaining that, legally, your contract is with him.

Your legal rights are against him - not against the agent. You couldn't successfully sue the agent even if you wanted to, as you do not have a contract with the agent.

You could also mention that it would be extremely unfair for him to keep all of the rent you paid for the property, yet fail to return the deposit.

The issues he has had with the agent are unfortunate but not your concern - as you say, they were his agent not yours!

Ultimately, you could sue the landlord through the UK courts for return of your deposit plus a penalty plus costs and enforce that by getting a charging order against the property. You wouldn't need to do anything in Ireland. I would suggest asking nicely before threatening legal action though.

Marvel1

Basically his email response is blah blah blah excuses.

He is the landlord and therefore responsible for the depoist not being protected.

Davesnave

His property is in the UK, so regardless of whether you can pursue him directly, if you win and he doesn't pay, that property has a charging order placed on it and you receive your money when it is sold or if the landlord dies etc.

chris1717

Thanks for the replies everyone.

I am in the process of drafting a letter to the Landlord concerning this deposit but interestingly I have just received a phone call from the original letting agent who ''did a runner'' with the deposit and the landlords money.

One of the letters I sent has found its way to him and he says he's called to repay me my deposit back (albeit in installments). He says he is doing it 'to do the right thing'' as he told me I would not get anywhere legally.

I'm a bit perplexed why he would call offering me my deposit back when as he says, and I've been advised here it's the landlord i need to pursue?? I don't believe he's doing the right thing as I'm conformable with what I've been told and he is indeed a crook.

Should I accept this offer and drop everything or refuse and negotiate with the landlord?

Thanks again

Comms69

chris1717 wrote: »

Thanks for the replies everyone.

I am in the process of drafting a letter to the Landlord concerning this deposit but interestingly I have just received a phone call from the original letting agent who ''did a runner'' with the deposit and the landlords money.

One of the letters I sent has found its way to him and he says he's called to repay me my deposit back (albeit in installments). He says he is doing it 'to do the right thing'' as he told me I would not get anywhere legally.

I'm a bit perplexed why he would call offering me my deposit back when as he says, and I've been advised here it's the landlord i need to pursue?? I don't believe he's doing the right thing as I'm conformable with what I've been told and he is indeed a crook.

Should I accept this offer and drop everything or refuse and negotiate with the landlord?

Thanks again

Actually you can pursue BOTH parties, the LL is responsible, but anyone who receives the deposit can be pursued.


How reasonable is the payment plan? 3 months? I wouldn't accept anything longer.

saajan_12

chris1717 wrote: »

Thanks for the replies everyone.

I am in the process of drafting a letter to the Landlord concerning this deposit but interestingly I have just received a phone call from the original letting agent who ''did a runner'' with the deposit and the landlords money.

One of the letters I sent has found its way to him and he says he's called to repay me my deposit back (albeit in installments). He says he is doing it 'to do the right thing'' as he told me I would not get anywhere legally.

I'm a bit perplexed why he would call offering me my deposit back when as he says, and I've been advised here it's the landlord i need to pursue?? I don't believe he's doing the right thing as I'm conformable with what I've been told and he is indeed a crook.

Should I accept this offer and drop everything or refuse and negotiate with the landlord?

Thanks again

If there's a chance you'll get your deposit (or part) back, I'd take it. Legally you have a valid and almost 'slam dunk' case against the LL based on your tenancy agreement showing £x deposit and proof £x was paid as instructed. However collecting on this is another story. Initially you'll have (minimal) costs to file the claim but this can escalate if you need bailiffs to collect the money.

Engage the agent, and if after a reasonable time you don't get it all back, you can still sue the LL for the balance of unreturned deposit, as they are ultimately responsible.

chris1717

Comms69 wrote: »

Actually you can pursue BOTH parties, the LL is responsible, but anyone who receives the deposit can be pursued.


How reasonable is the payment plan? 3 months? I wouldn't accept anything longer.

He offered to make a payment today and settle the balance with payments each Friday for the next 3 weeks - I guess it's going to save time,effort and costs if i accept this offer and he actually follows through with it.

Out,_Vile_Jelly

chris1717 wrote: »

He offered to make a payment today and settle the balance with payments each Friday for the next 3 weeks - I guess it's going to save time,effort and costs if i accept this offer and he actually follows through with it.

Yes, I would see if this happens.

It's still worth pointing out to your ex-LL that the deposit definitely is their responsibility, and they need to demand evidence of its secural from the agent at the start of every tenancy.