Deposit crisis - help!

relentless20

Hi everyone

This is my first post here.

Three months ago I moved into shared accommodation, through a letting agency. I had my deposit ready, but the agency were engaged in a dispute with the former tenant over the return of her deposit. I repeatedly (and I mean repeatedly!) tried contacting them about my deposit, however my calls and emails went ignored. I even tried contacting the director of the agency, all to no avail.

During this time, I lost my job, and although I found one again pretty quickly, I used that deposit money to bridge the gap between jobs and paychecks - I'm now paid weekly rather than monthly.

The agency finally decided to get in touch yesterday to say they need the deposit by the end of today. I responded explaining that it's going to take a little longer to get the money together, and instead of responding to my email, they went to my housemates (who are already aware of the situation) and put pressure on them to get me to pay the deposit. There's just no way I can get this money together so soon. It's realistically going to be a month before I can do it, and even then it's going to be cutting it really fine with the rest of my bills.

My housemates are understandably worried and I wish I hadn't have used the money, but I don't have any family whatsoever, or a nest egg (though I'm working on building one up) so I was really stuck when I lost my job.

Does anyone know if they can evict me over this, and if so how long it will take? (If a couple of months, then hopefully I can get the deposit to them before they kick us out!)

tacpot12

They will struggle to evict you for not paying the deposit. They agency should not have let you move into the property without paying it, but since they let you move in, they will want to resolve it without the landlord becoming aware of their failure. I would just explain the situation to them. Are you able to give them any of the deposit now? Just agree a payment schedule with them and stick to it.

relentless20

Thanks for your reply. They won't accept a payment schedule (I offered that) because they have to put the full amount into the protection scheme. So they want it all now.

theartfullodger

Assuming you have moved in without paying deposit, and that you have a signed copy of tenancy agreement, leave it at that,nothing more for you to do..

westernpromise

Sounds to me like they have a problem, not you. What are they going to do, order their client (the landlord) to give you a Section 21, then order your mates to find someone to replace you as a sharer, and then hope the landlord doesn't mind or blame the agent for the inevitable void?

After that, maybe they could tell the landlord to give all your mates a Section 21 as well, so it'll be easier for them to relet to a different group of mates? I'm sure he won't mind the whole house being unlet for as long as that takes.

I would TTFO, TBH. Repeat what you've said and say you'll pay the deposit in stages.

G_M

the agency were engaged in a dispute with the former tenant over the return of her deposit.

I don't see how this is relevant at all.

I moved into shared accommodation, through a letting agency.

What tenancy/licence do you have?
* a joint tenancy for the property with the other 'sharers'?
* a sole tenancy for your room?
* a licence to occupy, with the other 'sharers' being your landlord(s)?

As others have said, the error was the agent's. They should have taken a deposit from you before granting you a tenancy (if that's what you have).

There is now no easy way for the agent to force you to pay a deposit. Of course, failing to pay the deposit will not endear you to the agent, but that is a matter of the relationship, not the law.

relentless20

Thanks everyone.

However, on reading my tenancy agreement, it does say:

3.1 The tenants shall pay to the landlords the deposit of..........

Does that change things?

relentless20

G_M wrote: »

I don't see how this is relevant at all.

What tenancy/licence do you have?
* a joint tenancy for the property with the other 'sharers'?
* a sole tenancy for your room?
* a licence to occupy, with the other 'sharers' being your landlord(s)?

As others have said, the error was the agent's. They should have taken a deposit from you before granting you a tenancy (if that's what you have).

There is now no easy way for the agent to force you to pay a deposit. Of course, failing to pay the deposit will not endear you to the agent, but that is a matter of the relationship, not the law.

I have a joint tenancy (assured shorthold tenancy) so my housemates are worried they'll just evict us all - which is apparently what the agency have threatened to do.

agrinnall

So the agency are threatening to evict several (hopefully!) good tenants because of a mistake that they made in the first place? I would be writing to the LL to make sure he is aware of what his agency is planning, and if I was the LL I'd be looking for a better agent.

relentless20

Exactly.

The agent seems like she's panicking. She is truly the most incompetent person I've ever come across. She literally ignored weeks of emails where I tried to get in touch with her about this and other matters. In fact, I STILL haven't had a response from her regarding making payment since I told her I wouldn't be able to do it in the timeframe she wanted. She did manage to come over and tell my housemate she'd evict us all, though.

My concern now is my housemates - they're panicking and it's getting a bit tense at home. They say it's in the lease that we needed to pay that deposit, and we haven't. They're also concerned that all the time the deposit isn't paid, their money isn't protected.

ThePants999

Their money is fully protected by law whether it's in a scheme or not.