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  • FIRST POST
    • chris1717
    • By chris1717 2nd Mar 18, 11:30 AM
    • 9Posts
    • 0Thanks
    chris1717
    Chasing Landlord for Deposit
    • #1
    • 2nd Mar 18, 11:30 AM
    Chasing Landlord for Deposit 2nd Mar 18 at 11:30 AM
    Hi all,

    I hope you can help.

    I was a short-hold tenant at a property for 18 months during 2015 & 2016. I paid a deposit to the letting agent and my tenancy agreement confirmed it was held in the TDS. Towards the end of my tenancy I received a letter from my landlord informing me not to send any more rent to this agent as he had not been passing it on to him.

    Long story short: The property was passed to another agency and the original agent vanished apparently taking the landlords rent with him. I was advised by the new estate agent that if my deposit hadn't been registered (I've checked and it wasn't) that it had probably vanished with the original agent, being new to renting at the time and probably very naive I accepted this. I chased the agent for a short while but ran out of steam as he dissolved his business and that was that. I gave up on my deposit being returned.

    I have now looked into this further and my tenancy agreement is between the landlord (who is named) and I.

    This is where it gets complicated, at least to me anyway. First of all the property has now passed to another estate agent; this new agency and the previous one are refusing to give me any contact details for the Landlord, my tenancy agreement has his name but nothing else so i am struggling to locate him. I have a business e-mail for him but have had no success in getting a respone nor any other contact details - I was thinking of using land registry??

    Secondly the landlord lives in Dublin so I am unsure if my legal rights differ as it isn't a member of the UK?

    I have spoken to his current estate agency and explained the situation and they said if i send them all the information they will see if they can pass it on to the landlord? I hand delivered a letter to them for the landlords attention with all the details and stating I would commence legal proceedings without notice after 14 days if no reply - I have heard nothing so far (it's only been 3 days) but could the estate agent just ignore this as it has not been passed directly to the landlord?

    I have done some reading but have come a bit stuck at the moment so any advice would be greatly appreciated.

    Any advice is much appreciated.
Page 2
    • Out, Vile Jelly
    • By Out, Vile Jelly 9th Mar 18, 10:33 AM
    • 3,962 Posts
    • 13,502 Thanks
    Out, Vile Jelly
    He offered to make a payment today and settle the balance with payments each Friday for the next 3 weeks - I guess it's going to save time,effort and costs if i accept this offer and he actually follows through with it.
    Originally posted by chris1717
    Yes, I would see if this happens.

    It's still worth pointing out to your ex-LL that the deposit definitely is their responsibility, and they need to demand evidence of its secural from the agent at the start of every tenancy.
    They are an EYESORES!!!!
    • chris1717
    • By chris1717 9th Mar 18, 4:53 PM
    • 9 Posts
    • 0 Thanks
    chris1717
    Spoke to the agent again and he's agreed to release the money providing I return this email with my acceptance....

    Further to our telephone conversation earlier today, prior to making the verbally agreed payments of today followed by on 16th March and on 23rd March. I have been instructed by my lawyer to obtain written confirmation from you that upon receipt of all of the aforesaid payments the matter will be settled without any further recourse upon myself.

    As discussed earlier today, I am not legally / personally liable to make any payments to you. I have only agreed to do so as a gesture of goodwill

    Standard procedure or should I be reluctant to agree to anything of the sort?

    Appreciate any advice on this
    Chris.
    • Comms69
    • By Comms69 9th Mar 18, 5:00 PM
    • 2,970 Posts
    • 2,939 Thanks
    Comms69
    Spoke to the agent again and he's agreed to release the money providing I return this email with my acceptance....

    Further to our telephone conversation earlier today, prior to making the verbally agreed payments of today followed by on 16th March and on 23rd March. I have been instructed by my lawyer to obtain written confirmation from you that upon receipt of all of the aforesaid payments the matter will be settled without any further recourse upon myself.

    As discussed earlier today, I am not legally / personally liable to make any payments to you. I have only agreed to do so as a gesture of goodwill

    Standard procedure or should I be reluctant to agree to anything of the sort?

    Appreciate any advice on this
    Chris.
    Originally posted by chris1717


    He's an idiot.


    You don't make a legally binding offer a GOGW.


    In anycase, he never protected the deposit and doesn't want you to sue.


    It's up to you.
    • fairy lights
    • By fairy lights 9th Mar 18, 5:02 PM
    • 8,574 Posts
    • 28,529 Thanks
    fairy lights
    I wouldn't agree to that. Once you do he might change his mind about the 'gesture of goodwill' and then say he doesn't have to pay you anyway, as you've signed a document agreeing that he's not in anyway liable.
    Maybe I'm just cynical...
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