Moved out 8 month ago, Letting agent trying to charge?

Wolfix

Hi there.

I'm having an issue with my old letting agent and I'm really struggling trying to get any advice from Shelter or Cits Advice.

So to break it down, myself and my partner moved out of our old rented property just before the new year. We had to constantly ask what was happening with our deposit for around a month / month and a half. Eventually they said the landlord wanted the entire amount for some discolouration to some wooden floor, I offered to pay half, they declined. The letting agent advised that I could dispute with the company that held my deposit.

- Created a request to return the deposit, this pings the letting agent to contact the landlord to create a dispute against it
- No dispute is raised from them, and they had around 2 months to put one forward.
- I then am asked to submit a statutory declaration for the return of the deposit, they give the landlord and the letting agent a further two weeks to dispute, no dispute is raised.
- The deposit company rule in favour of myself as no response from letting agent and the landlord. The deposit is returned to me. 

- It is now 8 months since we moved out and around 3 months or so since the deposit has been returned. I get an email from the letting agent advising that they are 'done with their procedures' and I owe them almost £500 MORE than the initial deposit. I have had NO contact with them for 8 months. 


I've spoken to a few people and they advised me that the letting agent may be trying to skirt around DRS. I'm not sure what to do in this situation and could really do with some advice if possible?

Thanks for reading!

JM68

Sounds like they are either trying it on, or the agent did not engage with the DRS process in error and the landlord now wants 'someone' to pay his/her 'losses'. 

I would just email/reply to them saying that, as far as you are concerned, this matter was settled through the DRS process, and make it clear you dispute their claim. 

The only options they would have are to try and set aside the DRS decision and re-open the dispute, or raise a small claim at the county court.  In both cases you would be able to defend any claim if they did. 

NB If it was the county court route, for small claims they don't allow general legal costs to be added to claims, so if they start suggesting that call their bluff.  And you won't need any legal rep so no costs for you (just remember to reply if you get a claim form from the court in the post).  It's also possible the court judge may take the view that this was a DRS matter and they can't proceed with any claim.

Should add the court does allow (set) court fees and (set) fixed legal costs - if a solicitor completes the claim form - to be added to claims, but these would be quite low and you would only have to pay if you lost the case.

The_Unready

Ignore them. You've been through the correct formal process and both the agent and/or LL had the opportunity to dispute the deposit firm's findings.

That they failed to do that is not your problem.

m0bov

Ignore, the due process was followed, end of.

Grizebeck

Can you copy up what they emailed to you please 

Robbo66

The_Unready said:

Ignore them. You've been through the correct formal process and both the agent and/or LL had the opportunity to dispute the deposit firm's findings.

That they failed to do that is not your problem.

Do not ignore but write to them and lay out your case, do a letter to both the Landlord and the agent. The Deposit Scheme ruled in your favour so case closed but what you don't want them to do is raise a small claims case.

Personally I would post, make sure you get a proof of postage, hand deliver and email the letter. Make sure when you email you BCC yourself as this can also be used to prove sending if required.

If they do go down that route you have all the evidence to make sure it is ruled would be ruled against them. What ever they decide to do there is really nothing to worry about so don't stress.

Grizebeck

Robbo66 said:

The_Unready said:

Ignore them. You've been through the correct formal process and both the agent and/or LL had the opportunity to dispute the deposit firm's findings.

That they failed to do that is not your problem.

Do not ignore but write to them and lay out your case, do a letter to both the Landlord and the agent. The Deposit Scheme ruled in your favour so case closed but what you don't want them to do is raise a small claims case.

Personally I would post, make sure you get a proof of postage, hand deliver and email the letter. Make sure when you email you BCC yourself as this can also be used to prove sending if required.

If they do go down that route you have all the evidence to make sure it is ruled would be ruled against them. What ever they decide to do there is really nothing to worry about so don't stress.

You do not need to lay out any case.
Wait for any LBA/LBC then reply as appropriate.

Wolfix

I picked up with Shelter too just in case and they've advised to ask a few questions as they had concerns on a few things and stated that the LL could still try and obtain the monies even though the deposit is closed. Bit of a weird one, havent found myself in a situation like this before. Appreciate all the help you guys have put in here too.

diego_94

Anyone can try and obtain money from anyone, I could take you to court to say that you owe me money for something, but I wouldn't get very far!

Your defense if this ever happened is that the process from the deposite company was followed and they found in your favour, end of.

Grizebeck

Wolfix said:

I picked up with Shelter too just in case and they've advised to ask a few questions as they had concerns on a few things and stated that the LL could still try and obtain the monies even though the deposit is closed. Bit of a weird one, havent found myself in a situation like this before. Appreciate all the help you guys have put in here too.

Again please post up what they sent you.....

anselld

diego_94 said:

Anyone can try and obtain money from anyone, I could take you to court to say that you owe me money for something, but I wouldn't get very far!

Your defense if this ever happened is that the process from the deposite company was followed and they found in your favour, end of.

It is not necessarily "end of".  If damages were caused and the Landlord has sufficient evidence then they can claim (and win if the evidence is sound) for up to six years after the tenancy has ended, regardless of what the DPS has ruled.