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Letting Agent has repeatedly not protected my deposit
Comments
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... YOUR CLAIM IS AGAINST THE LANDLORD
See Shelter Legal guidance here...
http://england.shelter.org.uk/legal/housing_options/deposits/statutory_protection_of_deposits/penalties_for_non-compliance/section_214_claims......................The tenant, or any other 'relevant person', who paid a deposit can make an application to the county court for an order imposing financial sanctions on a landlord or agent who has failed to comply with her/his obligations under the tenancy deposit protection provisions within ....................0 -
theartfullodger wrote: »Errr... actually you can sue both, landlord & agent, always best to go after more people jointly..
See Shelter Legal guidance here...
http://england.shelter.org.uk/legal/housing_options/deposits/statutory_protection_of_deposits/penalties_for_non-compliance/section_214_claims
Both landlords and, rarer, agents have been successfully claimed against.
Agreed, but the safe bet is the LL.0 -
Safer bet is to get judgement against both, jointly.0
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Sally_Home wrote: »Trying it on...
Humm, :think: You mean a bit like the Agent realising that they hadn't
protected my deposit. For over 3 years. Then subsequently trying
to cover their backs. BTW, my deposit is still not fully protected to
the full amount I paid them...
You do know that dodgy Agents taking deposits then not handing
it back through going bust or changing company ownership,
causes tenants to face homelessness through the theft of their
deposit.
No deposit return = No deposit for the next rented property.
And while some actions by the Agent are misrepresentation,
most of the mess is I suspect due to the fast staff turnover,
both at this agent and in the industry in general.
(Anecdotal, from several staff in conversation with me)
I feel the term 'Trying it on' is inappropriate.
I actually suspected that I would be limited to one overall claim.
But if five claims are viable, I'd certainly pursue my legal rights.
It's my money that has been mismanaged through professional
incompetence. I would expect you to be on my side.
If this was California, I'd expect Punitive damages to also
be applied. The letting industry is a huge hole of exploitation.
Yes there are good guys. Like the Agent at my last property.
But some bad ones (mainly through incompetence) too.
And as their whole income is based solely on a proportion
of rent paid, it's only fair the bad Agents are punitively held
to account.
You're either with me or against me.
{George W Bush said that*}
*Well not those exact words, but you know what I mean**.
**Gulf war 3 :shocked:
That entire post is white noise.0 -
Sally_Home wrote: »If this was California, I'd expect ....
It's not though ... is it?0 -
OK interesting info. Thanks guys.
It was an outside hope that I could claim for each breech....
The eyes of various friends, looked up at the ceiling, when
I made my "Penalty x15" suggestion.
Oh for the record, I have
A HUGE RELATIONSHIP WITH THE AGENT.
I PAID THEM, I'M CONTINUING TO PAY THEM.
AND THEY MANAGE THE FLAT.
I'm thinking about how much I hate the unreasonable fees
which this agent raises for everything such as a search fee
of £400 for a new tenant, when we all know the actual search
costs £8.50... Or the dreadful service from the agency and
the way the majority of staff treat me like scum. AND I'M
PAYING THEIR WAGES!!! And leaving me financially
exposed¹, if they'd run off / went bust with my deposit. :mad:
They are thieves too, though fortunately for them², they
didn't steal from me.
Background
Prior to my first tenancy, the agent hugely inflated mostly
unnecessary redecorating costs, to my soon to be LL. He
got angry and this is how we later met. He got the agent to
cut the redecoration fee by 55%. (Which the LL still felt
was way too much)
BUT the agent also scalped the previous tenant by not
returning their deposit. This is Double Dipping and totally
illegal. I advised the LL & the last tenant but they didn't
pursue.
This is how I became aware of how bad the agent is.
And how my deposit would be unlikely to be returned
at the end of my tenancy. The internet is full of reviews
about this agent, from past tenants in various properties,
about dodgy deposit handling.
Interestingly, I was chatting with my lawyer about this.
(Conversation, I'm not instructing him on this matter)
He was very surprised as the Agent has a good reputation.
I suspect that his opinion was based upon the agent's Estate
side of their business, which may be run very differently to
the Lettings side.
¹LL End-Liability of last resort, ackn.
²I've got Kim Jong-un on Speeddial. :shocked:0 -
Still, it's interesting that the agent and LL may be jointly liable.
So the way I see it is that I can visit the Agency owner and
have a quiet conversation. I'll suggest that it would make good
commercial sense to return my deposit within 72 hours, along
with a further amount equal to x3 my deposit. (This would be
the likely Court compensation award likely to be imposed in a
case like this...MULTIPLE BREECHES OF LAW.)
Or this can go through the court, where the likely outcome
would be the above award, along with my legal fees, the
agents legal fees and the LL's legal fees. I would imagine
that 24 hours would be sufficient time for the Agency owner
to consult their lawyers and decide which option to take...
I'll will put on my best m4fia face on, smile and just say
that this is just the cost of doing business and that it's nothing
personal. That should be interesting. Yes I'll do that.0 -
You need to remember Sally that you have no contract with the letting agency. Your contract is with the landlord. If he's getting a bum deal that's his hard cheese, he picked them and is for him to sort out.
Even if money is deducted from a deposit there is no legal requirement for the landlord, or an agent acting on his behalf, to fix the damage caused by the tenant.0 -
Sally_Home wrote: ». I would imagine
that 24 hours would be sufficient time for the Agency owner
to consult their lawyers and decide which option to take...
I'll will put on my best m4fia face on, smile and just say
that this is just the cost of doing business and that it's nothing
personal. That should be interesting. Yes I'll do that.
Good luck, but I think you are sadly deluded.
The worse the agent are, the less they will care about placing the Landlord's money at risk in a Court claim.0 -
Sally_Home wrote: »Oh for the record, I have A HUGE RELATIONSHIP WITH THE AGENT. I PAID THEM, I'M CONTINUING TO PAY AND THEY MANAGE THE FLAT.And leaving me financially exposed*, if they'd run off / went bust with my deposit. :mad:
If the landlord changes, but the agency remains the same, then your relationship changes - but the tenancy is transferred.And how my deposit would be unlikely to be returned at the end of my tenancy.
If your deposit was protected, then it would be at risk of reasonable and provable deductions - so your deposit being unprotected is "safer" for you.0
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