Deposit crisis - help!

relentless20

If anyone is getting notifications on this thread, I have an update - an email from the agency saying:

Please note that you are in breach of the tenancy agreement by not paying this amount, and if we do not received the above payment by the date mentioned we will have no alternation but to take this matter further.

They want the money by next week - what could they do to take the matter further?

need_an_answer

relentless20 wrote: »

They want the money by next week - what could they do to take the matter further?

That's an interesting question to ask the agency.

Dear agency
Thank you for your email
I am currently gathering the required monies but in the meantime I should be grateful if you would outline details in writing of the next steps you mention in your email if I am unsuccessful in fully raising the deposit within the given timeframe

KR


How are you getting on with raising the deposit and do you have any idea when you may have the money to pay to them?

Out,_Vile_Jelly

relentless20 wrote: »

I

They want the money by next week - what could they do to take the matter further?

Bombard you with a load of threatening emails and phone messages using vaguely-legal sounding terms.

Send them your payment plan again and stick to it.

relentless20

I've responded to their email asking what their further action will be, however they are extremely poor at communication so I'm worried I'll hear nothing then suddenly be served with an eviction notice.

relentless20

Agency has responded, saying:

"You are actually putting your other house mates at risk of being asked to move out regarding because we do not have the full deposit, and I am sure you do not want this.

If this money as I said is not paid by the 8th June 2018 we will seek legal action.

I will await your urgent reply."

I have worked out my budget and have let them know exactly when I can pay it, which will be in 6 weeks' time.

Out,_Vile_Jelly

Seeking legal action means getting a date at a small claims court; by that time you will have paid what's required (you must prioritise this). In the unlikely event of it reaching court, you can show the judge (who will know far more about housing law than a semi-literate lettings agent) how you tried to resolve this sensibly.

need_an_answer

Do you have contact details for the LL?

I would possibly suggest sending a copy of the email you have sent to the agency to the LL as well so that they are aware of your intention to pay the deposit and request that the 6 weeks is allowed to elapse before the LL instructs the agency to commence any further proceedings.


However you need to be mindful that the decision to evict ultimately lies with the LL not the agency so it is best to ensure the timeline you have given to pay the deposit is achievable and wont be deviated from.

Presumably you are up to date with rent payments,not only you but as a household?

relentless20

Yeah. I have only lived there since March and so paid 3 lots of rent on time, the others have lived there 2 years and always paid on time.

The lease ends in early September.

relentless20

So I've been doing some research this afternoon and it seems they absolutely can issue a section 8 notice, on ground 12 (breach of contract). It seems as though that's the legal action the agent is talking about, though I've emailed to ask and have had no response.

I wonder if it's relevant (or could be relevant) that they took so long to ask for the deposit, and allowed me to move in without taking it. I'm trying to think of possible ways of defending myself should it get to court!

need_an_answer

Are you planning on leaving at the end of the tenancy in sept?

chances are it wont go to court they will just wait for the tenancy to end and hopefully you will leave.

You still need to remember that it is the LL who controls eviction and it is on their say not the agent.
Check your tenancy agreement for the owners details sometimes properties especially student ones are owned by agents but not always,it's very likely that you have an owner/LL who as yet is completely unaware of the agencies failing in not taking a deposit which is why the email correspondence whilst being "forceful" maybe threatening it lacks any substance of what they actually intend to serve you with.

At this point from a LL point of view they are receiving rent from you and your housemates regularly and to take this matter further towards eviction would cost the LL money,quite significant amounts,time and hassle.

I'm a LL and I'm not sure I know a single one who would go through that process of evicting you all just because the agency has failed to take a deposit from one of the tenants.

But I am happy to be proved wrong if any other fellow LL' s here would like to challenge this stance!