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erxema
Posts: 7 Forumite
Good evening everyone,
it is my first post, please be gentle, I have been a long time reader, and just decided to join as we have been made aware that our deposit (tenancy ended 15th Feb) was returned after deductions were made (and agree by the four tenants) as per the lead tenant request to the account we have used as joint one ( one of us got a new account under her name ) and we used it as an account to pay rent and bills. Need to remark that this account is not under the name of the lead tenant.
Today, after contacting our agency and asking about our deposit, we have been made aware that our deposit was refunded almost a month ago, and that the lead and other tenant not only have failed to let us know but are also ignoring our texts asking for it.
Between my friend and I, the claim goes up to 1145 pounds (apologies for the lack of pound sign, writing from a spanish keyboard).
We have emails from the agency asking us to confirm the refund to such account, we have the emails from today where the agency acknowledges that the deposit has been returned to the lead tenant. We have obviously the tenancy agreement with our names on it, we have bank statement from that account used to pay bills and rent and transfers paid into/to by each tenant...
We have asked the agency for the forwarding address the lead tenant provided and a confirmation of the total amount that was refunded. Now, my question is... as from what I have been able to read and gather information today, it is the legal responsibility of the lead tenant to make sure that our share of the deposit is returned to us, what is the procedure now?
We don't want to be involved in any court claims, solicitors, etc... and we prefer to resolve this amicably and move on with our lives, but as per their non-response, we are afraid that might not be the case.
Any suggestions?
Many thanks to everyone reading this and sharing their views.
it is my first post, please be gentle, I have been a long time reader, and just decided to join as we have been made aware that our deposit (tenancy ended 15th Feb) was returned after deductions were made (and agree by the four tenants) as per the lead tenant request to the account we have used as joint one ( one of us got a new account under her name ) and we used it as an account to pay rent and bills. Need to remark that this account is not under the name of the lead tenant.
Today, after contacting our agency and asking about our deposit, we have been made aware that our deposit was refunded almost a month ago, and that the lead and other tenant not only have failed to let us know but are also ignoring our texts asking for it.
Between my friend and I, the claim goes up to 1145 pounds (apologies for the lack of pound sign, writing from a spanish keyboard).
We have emails from the agency asking us to confirm the refund to such account, we have the emails from today where the agency acknowledges that the deposit has been returned to the lead tenant. We have obviously the tenancy agreement with our names on it, we have bank statement from that account used to pay bills and rent and transfers paid into/to by each tenant...
We have asked the agency for the forwarding address the lead tenant provided and a confirmation of the total amount that was refunded. Now, my question is... as from what I have been able to read and gather information today, it is the legal responsibility of the lead tenant to make sure that our share of the deposit is returned to us, what is the procedure now?
We don't want to be involved in any court claims, solicitors, etc... and we prefer to resolve this amicably and move on with our lives, but as per their non-response, we are afraid that might not be the case.
Any suggestions?
Many thanks to everyone reading this and sharing their views.
0
Comments
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Assuming you can find their current address - a chat over tea and cake.We don't want to be involved in any court claims, solicitors, etc... and we prefer to resolve this amicably and move on with our lives, but as per their non-response, we are afraid that might not be the case.
Any suggestions?
Obviously, if the amicable approach does not work, then it's either the small claaims court or write it off.0 -
Do you have the lead tenant's new address?0
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Assuming you can find their current address - a chat over tea and cake.
Obviously, if the amicable approach does not work, then it's either the small claaims court or write it off.
We don't want to write it off as this is something beyond our expectations. With no explanation they are keeping more than 1000 pounds that are ours. For me, that is a serious offence.
What would the procedure for a small claims? would we need to get legal representation?Do you have the lead tenant's new address?
we have asked the agency for it as we are thinking of taking legal actions. It has come to a ridiculous point, as we are all in group chat, we are all "friends" in facebook, we know where they work...
we do not want to be the typical: we are going to take you to court! - kind of people, but we are willing to if necessary. they are stealing from us more than 1000 pounds with no reason.0 -
I'm sorry if you've answered this already but I've missed it if you have: have you ASKED them for it? You know, either in a FB message, or a text message, or an email, or - gosh, radical I know - a phone call? To their workplace if necessary.Signature removed for peace of mind0
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I'm sorry if you've answered this already but I've missed it if you have: have you ASKED them for it? You know, either in a FB message, or a text message, or an email, or - gosh, radical I know - a phone call? To their workplace if necessary.
hi, thanks for your response, we texted them on thursday asking about the status of the deposit. At that point we didn't know that it had been already refunded. No response from them, completely ignored.
Today, after the agency confirmed the deposit had been refunded almost a month ago, we texted them again, attaching a screenshot of the agency confirmation.
All these texts were sent to a group chat we all are part of in whatsapp. It is ridiculous the reaction, and their attitude of not caring at all, thinking they can get away with this with all the proof in terms of email, texts, transfer...
at what point do we stop treating people like adults? we have shared accommodation and rented two different properties in the last 2 years, going through this process before. Someone would assume that after telling them: we know your are holding our deposit, please give us our share, they would act like proper adult.0 -
Oh good grief!
Stop texting and talk to them!
(and by 'talk' I don't mean on social media)0 -
hi, thanks for your response, we texted them on thursday asking about the status of the deposit. At that point we didn't know that it had been already refunded. No response from them, completely ignored.
Today, after the agency confirmed the deposit had been refunded almost a month ago, we texted them again, attaching a screenshot of the agency confirmation.
All these texts were sent to a group chat we all are part of in whatsapp. It is ridiculous the reaction, and their attitude of not caring at all, thinking they can get away with this with all the proof in terms of email, texts, transfer...
at what point do we stop treating people like adults? we have shared accommodation and rented two different properties in the last 2 years, going through this process before. Someone would assume that after telling them: we know your are holding our deposit, please give us our share, they would act like proper adult.
Maybe if you acted like a "proper adult" and spoke to them about it rather than texting like a teenager you may get an adult repsonse.0 -
Oh good grief!
Stop texting and talk to them!
(and by 'talk' I don't mean on social media)
Good morning, I appreciate your concern but as you can imagine we have tried this (apologies if not mentioned before). We also wanted to have something that actually proves we have tried to communicate with them, and in whatsapp you can see when they have read the texts.
I would not be this desperate if I hadnt tried everything in my hand. They both live in London, we know where they work ( nursery with children) and we would like to complicate their livelihood by leaving a mark on their DBS if it happens to be that way.
Like I said, we have proof of that account being used for bills and rent and previous deposit.
What it is driving us crazy, is the total avoidance of communications with us, knowing that we share a chat group. we have been copied in all correspondence from the agency and that this could bring legal repercussions to them.
I would just like to know what would be the next step, as today we should be getting their forwarding address and confirmation of the total amount refunded.
Many thanks in advance,0 -
I would suggest that you try one last time to speak to them, in person or by phone. In that conversation, remind that that the money has been refunded, that ££572.50 of it belongs to you and the same amount to your friend, and that it needs to be returned immediately. Ask them what is causing the delay and make clear that you expect the money to be in your accounts within (say) 3 days, failing which you will have no alternative but to start a formal claim to recover it.
If they don't respond, or refuse to return the money, then send a formal letter before action and then start a money claim online. You don't need legal representation but do need to read the instructions carefully and ensure that you follow them fully.
You say that you had a joint account for bills and that it was not in the name of the lead tenant. Whose name was it in? Has that person checked the statements to identify when the payment went in? Has the money been withdrawn? I think the person you need to be contacting is the person whose name is on that account, not the lead tenant, as it is that person who has access to the funds.All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)0
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