Advice needed about letting agency please

pikachu2005

Hi there, ive been browsing these boards for ages now and i think everyone here is great! I have a problem and i was wondering if any of you could help me? Im not sure if im posting this in the right section but this one seemed the most relevant, apologies if you have to move it!


Right im currently renting a flat and recieving housing benefit, i have been waiting for just over 2 months now and have finally got my benefit sorted out from the housing office. In the meantime ive been paying rent untill the housing sorted out my claim, i called last week and they told me the letting agency had been paid for the full time ive been here (the letting agency are a bunch of idiots btw, they have done nothing but harrass me about a load of nonsence since i got the keys) so anyway i call the letting agency to let them know about the payment, and asked the if i would be paid back the extra money due to me that they had recieved from the housing office as i had already paid them for 2 months and they said no, it stays on their system. I was so angry as i specifically asked if i would get the money back when i first took the house on and they said yes i would, i actually owe that money as i had to borrow it from my parents so i could secure the house as im pregnant and needed somewhere big enough for a baby. Sorry if ive blabbered on a bit here but what i really need to know is do they have the right to keep this money after saying i could have it back? I know if i go down there they will say they made a mistake and i cant have it, i wish id never taken this flat on its been nothing but hassle, also is there anyway i could get out of my lease? Its not up untill january? Thanks in advance if anyone can help id really apprecaite it!

Barcode

If the estate agency has been paid double, I believe they are legally obliged to pay the money back.

One month, they somehow debited me twice leaving me with no money in my account. It took seven days to get it back, and if they hadn't, I would have witheld the rent for the next month.

If they refuse to refund the money which is rightfully yours, you should inform them in writing that you will not be paying the next two months rent unless they return your money.

If they had made an overpayment in *your* favour I bet they will waste no time demanding it back.

At least I think my assessment is correct. Better to go to your local CAB if they continue to persist being awkward.

pikachu2005

Thanks Barcode, i was thinking about doing what you said and just withholding my rent but i was a bit worried about it, sod them tho your right, it IS my money and they shouldnt say one thing then change their minds just because it suits them. Ill be contacting them shortly and if the make no effort to give me my money theyll be getting a lovely letter from me, once again thanks for your help!

black-saturn

If you send any letters out make sure you send them by recorded delivery otherwise they will deny ever receiving them.

If you want to get out of a 6 month contract before the 6 months is up on a rented property you would probably be liable to pay the whole 6 months, whether you stay there or not. Sometimes if the agent/landlord can get another tenant straight away they will waiver this but I havn't heard of it happening often.

Let us know how you get on.

Barcode

Or deliver it in person. And keep a copy (time and date stamped) for yourself. The housing benefit is to assit *you* and not line the pockets of greedy estate agents / landlords.

I have found telephone calls to generally be useless. Messages invariably fail to be passed along. Somebody will take down the information incorrectly, or deny having ever taken the call.

You are perfectly within your rights - so don't let them bully you. I hope you get this sorted out as I know how stressful it can be

lush_walrus

What is the reason they are giving you for keeping hold of the money? Have you paid a months deposit and month in advance as well as this money or is that why they are holding it?

If you have paid a month in advance and deposit and this money is on top, unless the landlord has asked for additional money for deposit then the agent can not keep hold of the money. However, if the agents are managing agents (ie managing the property on behalf of the landlord rather than appointed to find a tennant only) then it is normal practice for the agent to hold the deposit, no landlord will allow anyone to move into their house without a deposit of generally 1 month in advance and 1 month deposit (some will ask for more). This money if all is well is refundable at the end of the contract ie the date you move out should the property upon inspection, be kept to the same standard.

Simple reason is like everything in life, not all landlords are honest and some will pull any stunt to try to keep your deposit, in the same way that a deposit is required as not all tennants take care of property. The agent (if managing) has no gain ultimately in withholding the deposit (to then pay to the landlord) if when it comes to you moving the house is left in perfect condition.

If this is not the reason for keeping hold of the money, then let the housing benefit people know and they may well chase the agents on your behalf as accepting two lots of payment for any other reason is not acceptable and will be defrauding the council equally as you.

If they are defrauding you, then cc any letters to your landlord (assuming you have their details on your contract which you should) and the benefits department.

pikachu2005

black-saturn wrote:

If you send any letters out make sure you send them by recorded delivery otherwise they will deny ever receiving them.

If you want to get out of a 6 month contract before the 6 months is up on a rented property you would probably be liable to pay the whole 6 months, whether you stay there or not. Sometimes if the agent/landlord can get another tenant straight away they will waiver this but I havn't heard of it happening often.

Let us know how you get on.

Hi Black Saturn, thanks for your reply! Ive checked my lease about 1000 times and it says i will be liable for the rent if i did leave, plus i wouldnt get my deposit back. Im just gonna have to stick it out and try get somewhere quickly come the end of january as my baby is due in February, i took this house on thinking it would be a great place to bring a child up but ive had nothing but hassle since moving in and have realised that i am being majorly ripped off of the rent, i could get a council flat and not be paying any rent at all wheras here im paying £200 per month on top of my housing benefit and its only a 2 bed flat in a place where mostly all the flats belong to the council anyway!! Sorry for moaning lol im just so bl**dy fed up with it, im even waiting for a plumber to appear to fix my toilet which no doubt he wont. I give up with letting agencies, nothing but hassle :rolleyes: Thanks again for the advice tho!!!

pikachu2005

lush_walrus wrote:

What is the reason they are giving you for keeping hold of the money? Have you paid a months deposit and month in advance as well as this money or is that why they are holding it?

If you have paid a month in advance and deposit and this money is on top, unless the landlord has asked for additional money for deposit then the agent can not keep hold of the money. However, if the agents are managing agents (ie managing the property on behalf of the landlord rather than appointed to find a tennant only) then it is normal practice for the agent to hold the deposit, no landlord will allow anyone to move into their house without a deposit of generally 1 month in advance and 1 month deposit (some will ask for more). This money if all is well is refundable at the end of the contract ie the date you move out should the property upon inspection, be kept to the same standard.

Simple reason is like everything in life, not all landlords are honest and some will pull any stunt to try to keep your deposit, in the same way that a deposit is required as not all tennants take care of property. The agent (if managing) has no gain ultimately in withholding the deposit (to then pay to the landlord) if when it comes to you moving the house is left in perfect condition.

If this is not the reason for keeping hold of the money, then let the housing benefit people know and they may well chase the agents on your behalf as accepting two lots of payment for any other reason is not acceptable and will be defrauding the council equally as you.

Hi Lush Walrus, they are keeping the money as it according to the has to "stay on their system"!! What for i have no idea, i have paid 5 weeks rent as a deposit, a months rent in advance plus 2 months rent on top of that, they owe me an absolute fortune and i really need that money back, i nearly lost the plot on the phone to them on friday, they just dont care, as long as they have their money thats all they care about. So if they still refuse to give it back i should tell the council as it is actually them recieving 2 lots of rent? I specifically asked just before i signed the lease if i would get the money back and they assured me i would, they have done this a couple of times told me one thing then done the complete opposite.

pikachu2005

Barcode wrote:

Or deliver it in person. And keep a copy (time and date stamped) for yourself. The housing benefit is to assit *you* and not line the pockets of greedy estate agents / landlords.

I have found telephone calls to generally be useless. Messages invariably fail to be passed along. Somebody will take down the information incorrectly, or deny having ever taken the call.

You are perfectly within your rights - so don't let them bully you. I hope you get this sorted out as I know how stressful it can be

Barcode your right, calling the seems to get me nowhere and just gets me wound up to hell, i felt like goin to their office the other day to tell them what i thought of them (pregnancy hormones goin wild lol) but im glad my mum calmed me down and i didnt. When ive written the letter i shall be giving it to them in person and making sure the person who deals with finances gets it as they seem to be very good at not passing on messages and blaming each other when they dont get the message. Ive just sat and worked out exactly how much they owe me and i shall be including a copy of it with my letter, thanks again for your help, ill let you all know how i get on, it should be hopefully sorted sometime this week (maybe thats just wishful thinking lol)

lush_walrus

pikachu2005 wrote:

Hi Lush Walrus, they are keeping the money as it according to the has to "stay on their system"!! What for i have no idea, i have paid 5 weeks rent as a deposit, a months rent in advance plus 2 months rent on top of that, they owe me an absolute fortune and i really need that money back, i nearly lost the plot on the phone to them on friday, they just dont care, as long as they have their money thats all they care about. So if they still refuse to give it back i should tell the council as it is actually them recieving 2 lots of rent? I specifically asked just before i signed the lease if i would get the money back and they assured me i would, they have done this a couple of times told me one thing then done the complete opposite.

Yes tell the benefits people in writing, cc the agents and the landlord. Write a letter to the agent, stating that no where in your contract does it state that the agents have a right to withhold double payments from yourself make sure that you have as much factual information in the letter as poss, include your moving in date, all dates you have made payments with amounts, amount of deposit etc, amount of money that has been paid by benefits and to whom etc. And make sure that all information goes to as many officials as possible.

There is no way that the agents are allowed to hold the money, or accept double payments. If you want advice on the letters if you post them on here, people will comment and help. Dont get yourself stressed about it though or worry about needing to move if your landlord is ok, as by hook or crook you will get your money back and you might be able to persuide your landlord to get rid of the shady agents and then it sounds like you will be ok in the house.

pikachu2005

Thanks again Lush Walrus, your advice has really helped and ive calmed down a bit now knowing i have some rights! Ill keep you posted on how i get on a if i need any help with the letter writing ill be sure to ask, cheers!!