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Request for advice: (landlord) Issues with Letting Agency - Not sure on next steps

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Comments

  • RHemmings
    RHemmings Posts: 4,895 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    paulh1983 said:
    Thanks for your response, 

    Appreciate all input. Think the issue is with the agency rather than the tenants. The agency still haven't responded to my chase for the £250 deposit money. 

    PRS were contacted and they just copy and pasted their website blurb back. 

    Think it's small claims court and once all settled a scathing review for the letting agency. 


    Which blurb was this? The complaints procedure and the complaint form are easily accessible on their site. Are they just telling you that you have to go through the EA's internal complaints procedure first? 
  • saajan_12
    saajan_12 Posts: 5,792 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    paulh1983 said:
    Thanks for your response, 

    Appreciate all input. Think the issue is with the agency rather than the tenants. The agency still haven't responded to my chase for the £250 deposit money. 

    PRS were contacted and they just copy and pasted their website blurb back. 

    Think it's small claims court and once all settled a scathing review for the letting agency. 


    You don't seem to want to listen to the input. I expect a small claim at this stage will fail, and you'll be out the  court fees on top. 

    [reason is the agent isnt' responsible for actually paying the deposit money, jsut for arranging it. Liability isn't clear as even if they had acted as you wanted, the tenant may have successfully defended / disputed any claim for the rent, whether via an invoice or deposit deduction. Damages also aren't clear as you haven't mitigated your damages by chasing the tenant first, who would owe the money.]
  • I absolutely do want to listen to the input, incredibly grateful for it.   Sure you'll appreciate there's a lot to consider and take on board, especially for a situation I'm incredibly unfamiliar with (hence the request for advice and how grateful I am for all your replies).

    After chasing on a few more occasions, the £250 has since been returned.

    The agency have also informed me that they tenants and the guarantor have flat out refused to pay the rent and are now washing their hands of the issue.
  • RHemmings said:
    paulh1983 said:
    Thanks for your response, 

    Appreciate all input. Think the issue is with the agency rather than the tenants. The agency still haven't responded to my chase for the £250 deposit money. 

    PRS were contacted and they just copy and pasted their website blurb back. 

    Think it's small claims court and once all settled a scathing review for the letting agency. 


    Which blurb was this? The complaints procedure and the complaint form are easily accessible on their site. Are they just telling you that you have to go through the EA's internal complaints procedure first? 


    Essentially yes.  I've since spoken to them on the phone and they've backed that up by stating complaint to the agency and then escalating to them if unhappy with response/no response.
  • Grumpy_chap
    Grumpy_chap Posts: 20,844 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    paulh1983 said:
    I absolutely do want to listen to the input, incredibly grateful for it.   Sure you'll appreciate there's a lot to consider and take on board, especially for a situation I'm incredibly unfamiliar with (hence the request for advice and how grateful I am for all your replies).

    After chasing on a few more occasions, the £250 has since been returned.

    The agency have also informed me that they tenants and the guarantor have flat out refused to pay the rent and are now washing their hands of the issue.
    I think it is time to call it a day and move on.

    You have the deposit money to cover the damages.

    The rent is unlikely to be pursuable through small claims because the tenants will simply say you had access to the property in that month to do decorating etc., so they could not also have had peaceful enjoyment of the same month.
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