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Letting Agent forced me to give notice and pay beyond my AST fixed term

2

Comments

  • Jskaar
    Jskaar Posts: 11 Forumite
    Thank you for this, I will follow up on Monday. The agent isn't a member unfortunately.
  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
    10,000 Posts Eighth Anniversary Name Dropper Photogenic
    Legally the letting agent must sign up to one of the two available redress schemes.

    https://england.shelter.org.uk/housing_advice/private_renting/letting_agent_redress_schemes
  • Jskaar
    Jskaar Posts: 11 Forumite
    edited 3 November 2018 at 9:37AM
    Pixie5740 wrote: »
    Legally the letting agent must sign up to one of the two available redress schemes.

    I was incorrect they are registered
  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
    10,000 Posts Eighth Anniversary Name Dropper Photogenic
    edited 3 November 2018 at 9:45AM
    I found them on the TPOS site.

    New Era Agency Limited

    194 Albert Road
    Southsea
    Hampshire
    PO4 0JT

    https://www.tpos.co.uk/find-a-member
  • No letting agent or landlord can force you to do anything without going to court and getting some court order (ain't happened here I think....)

    Next time get advice (eg CaB or Shelter...) before accepting the word of any old letting agent.

    Any of us could set up as a letting agent with no qualifications, no training, no criminal record check in less than a day.
  • Jskaar
    Jskaar Posts: 11 Forumite
    Update time!

    After many calls and emails sending multiple references, debating over points of law, the contract and their interpretation of both the Shelter website and the tenancy agreement, they refused to return the amount overpaid until I ended the final call stating I would write to their redress scheme and small claims. They called me back after about 30 seconds saying they spoke to their solicitor who advised them to repay me.

    Since then they have made multiple phone calls and emails updating me on their progress contacting the landlord in order to repay me. It has been almost 4 weeks and I am yet to receive my deposit.

    They keep trying to call me when I'm at work and I'm getting frustrated with them; what can I do?

    I have recordings of all phone calls and emails for future reference.
  • Be careful about recording their phone calls. That's a whole separate issue.

    Ask them to communicate with you in writing. Put your position in writing.
  • Comms69
    Comms69 Posts: 14,229 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Be careful about recording their phone calls. That's a whole separate issue.

    Ask them to communicate with you in writing. Put your position in writing.
    There is no law against recording a conversation that you are party to.


    The only example I can think of is in a court of law.


    Certainly the OP can record conversations with the agent.
  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
    10,000 Posts Eighth Anniversary Name Dropper Photogenic
    Have you started a claim with whichever scheme your deposit is registered with in order to get it back?
  • Jskaar
    Jskaar Posts: 11 Forumite
    Yes, the agency told me they would send me a receipt for "contractor fees for cleaning" towards the end of October but failed to do so, so I clicked to request a return without agreeing to deductions.

    They basically fail to organise or communicate anything in a professional manner so I'm not sure how to proceed? All of my previous tenancies have been with reasonable companies/landlords so I have no experience dealing with this...
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