Estate Agent absconded - Deposits and Rents missing - please help!

getgobby

Hi everyone, was wondering if anyone here could offer advice.

I'm just one of a number of people affected by the estate agent, which I rent my flat from, having closed down without notice in April.

The estate agency notified some of it's clients (tenants and landlords) that they were no longer in the business of persuing rentals, and were branching out into international property overseas (Dubai). They are a small estate agency with 1 branch, and its had its shutters down for over a good 2-3 weeks now, with a sign in the window saying - grand reopening in June 2008. Now, theres a pile of letters building up behind the shutter, and the offices are always shut.

It's a private limited company, ltd, and we've manage to find out that all the directors and secretaries of the company resigned in April 2008, having passed on the shares and duties (via the company house registry) to two people, who we suspect don't exist. We've tried approaching the OEA, from which we were advised that the estate agency in question had ceased being a member in April (therefore they cant take action).

The current situation now is that there are many of us, both landlords and tenants who are missing deposits and rents for April, which have not been paid. Some have managed to contact the workers of the estate agent, but they are not getting anywhere, and are being fobbed off with lies etc.

We're still in the process of getting together to file a police complaint, and also watchdog have been contacted. Furthermore, we've had contact with a local newspaper with regards to getting the story out.

Can someone please advise on how to best persue the owners of the company? Legally, how can we raise a case against the previous owners of the business, who have lied about setting up business overseas, and instead are in hiding, with perhaps our rent and deposits?

Thanks in advance

Trollfever

Police and Trading Standards?

http://www.tradingstandards.gov.uk/

Lakey

can you name and shame the company or give us a clue where they are, just in case some people are still in the dark

FraudBuster

It is not wise to name and shame on a public forum, especially if the police are involved.

Lakey

Thanks for the sound advice, wasn't sure myself if it would be a good idea. Really sorry for all those that will loose deposits etc.

getgobby

not gonna reveal the agency, but it appears when stuff like this happens theres no quick and easy resolution. Anyone on here practice law?

bryanb

I believe it is the landlord's(not the agency) responsibility to lodge your deposit in one of the schemes set up for the purpose, if this is not done he (or she) can be ordered to repay 3 times the deposit. I realise that you may not wish to go down this route, but it is the law.

epz_2

agreed, its the landlords problem as their agent has screwed them over, they still need to refund any deposit and chase the EA for owed rent, not the tenant.

poppysarah

You have stopped any direct debits to them? Put the rent into another account. Don't spend it on anything else. just don't let it disappear.

bryanb

Lakey wrote: »

Thanks for the sound advice, wasn't sure myself if it would be a good idea. Really sorry for all those that will loose deposits etc.

If the landlords have followed the law, nobody will lose deposits, the deposits are safeguarded as they must be nowadays. Also no tenants will lose out on rent if they can show that they have followed the terms of their agreement. The landlord(s) chose the agency to act for them, but that does not alter their responsibility.