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Everything posted by nerms19

  1. I suspect agent does not agree with nerms19 attempting to cancel her contract The agent has posted the keys (of the property they were managing on our behalf) back to us. I am surprised at the DPS stance on the information we have been given This is the email I have had from the DPS... We regret to inform you that the agent currently holding these deposits has contacted us confirming that the deposit transfers should not take place. We are therefore unable to complete the transfer and advise you should contact the agent directly. I now have no choice but to take the legal route.
  2. Superb response (and makes sense) - thank you!
  3. Hi Mortitia 1) I understand but what would you do - I have asked the agent to transfer the deposits (there are two deposits belonging to two sets of tenants) into my DPS account. The deductions (for damages) have been agreed directly with the tenants and so I was planning on paying over the balances back to the tenants. The agent has ignored my written request for the transfer and now they have blocked the DPS transfer 2) I have seen the paprework so am 100% sure that the two deposits are held by the DPS 3) Yes, they had responded (and accepted) that the contract has been cancelled. The pre-existing dispute is that the agents owe me approx £1000 in rent that they have received from the tenants (the tenants have sent me copies of bank statements as proof that there are no arrears) and not passed on to me.
  4. Hi We have decided to stop using our letting agent for a number of reasons. The issue I have is that the agent who had deposited two sets of deposits (with the DPS) has refused to transfer the deposits to our DPS account. I had written to the DPS who then advised the agent of the transfer request, giving them the opportunity to object. They have now objected and so stopped the transfer. I have agreed with the two sets of tenants what the deductions (for damages) should be and they are happy for the deposits to be transferred to our DPS accounts. The DPS are saying their hands are tied and can do no more. Surely the fact that the tenants would like the deposits transferred to us and we want the deposits to be transferred to us should mean that the agent canot stop the transfer? I have a couple of questions that I hope someone can help with: 1) What can I do (or what would you do) now? 2) The tenants may persue the release of the deposits due to them - who could they persue? 3) If the answer to 2) is me (the landlord), can I persue the agent (through the courts) for the transfer? Should it be for the full deposit value or only the portion that relates to damages? Hope someone can offer their opinion?
  5. Thanks for the replies guys. To provide a little more info: The agreement with the LA only specifies that they must give me thirty days notice on termination - there is no mention of what the timescale/process is for me to terminate. Does that mean I can terminate with immediate effect? There is no mention in the contract that the tenant belongs to them. The only related clauses are that should the tenant stay beyond the initial 12 month period, there will be a (reduced) management fee payable for each year - I assume this is only if they are still contracted as manaing agents. I would have thought that the full years fee that I have already payed covers both a finders fee and management throughout the year - as a result, if they have been disinstructed one month into the year, I should be able to claim back 11/12th of the management fee proportion? I am mainly interested in claiming back (via the courts if necessary) the rent that they have received but not passed on, costs for items/repairs not authorised and the costs incurred in taking this to court. The reimbursement of the management fee would be a bonus but not expected as it's a bit of a grey area. The agent has signed up to the Property Ombudsman scheme. I have spoken with them and based on the circumstances, I have a good chance of the ombudsman being on my side, but it can take upto six months apparently, especially with a non-responsive agent (such as mine) What would be great from you guys is whether there is anything specific I should mention in the termination letter (over and above what I mentioned in my original post). I don't want to be in a position where I am jeapordising my chances of success if this goes to court - based on a basic technicality/step missed.
  6. Thank you Meboy for your post. I have written (by post, recorded delivery) to them, stating that they have not passed on all of the rent they have received from the ex-tenants (that moved out of the property over a year ago), giving them fourteen days to respond. I stated that if I did not hear from them, I would consider taking legal action, which would then include a claim for reimbursement of fees, loss of earnings for attending court, interest on rent arrears, moneyclaim costs etc. I have paid the full years management fees upfront (the current tenants only moved in a month ago) so not sure that the tenants do belong to them, especially as I understood they represent me? What claim could they have? I am happy to name them but not until the current issues are resolved - either by negotiation or by taking a more formal approach. Any advice??
  7. Hi Due to various issues I have decided to end the agreement with my letting agent. I have checked the contract and there is no mention of termination by the landlord, only that the LA must give me (the landlord) thirty days notice if they wish to terminate. Would I be correct in assuming that I can give notice to terminate with immediate effect? I am considering including the following in the termination letter: 1) Asking for the deposits relating to current tenants and previous tenants (which is being disputed) to be transferred into a scheme in my name 2) Asking for any keys they hold to be sent to me or for me to pick up 3) Asking them to send me details of any expenditure that they have not recharged to me (electrical certificate, repairs carried out) I also am planning on writing to the current tenants, requesting that future rent payments should be made direct to me and any further issues to only be discussed with me. I also want to be reimbursed for part of the management fees, on the basis that they have breached the agreement (for example, not passing on all of the rent from the previous tenants, having work carried out that has not been authorised, never carrying out agreed property inspections, very rarely answering the telephone or responding to emails, the list goes on). If they do not agree to reimburse a % of the management fees, I will consider taking legal action using moneyclaim. I just don't know how to time all of this (i.e. terminating the agreement, writing about the reimbursement, issuing a moneyclaim order, writing to the tenants). Any thoughts would be great!?
  8. Many thanks Mortitia for the reply. The deposit has been registered - I don't have the paperwork with me but I have seen it.
  9. Hi Our previous tenants moved out of our BTL in Septemebr 2012, owing £2900 of rent and £1500 of damages. The letting agents did not have a full statement of outstanding rent until February of 2013 and so did not inform the tennants of the liability. In the meantime the tennants have asked for the deposit to be returned to them. The letting agents refused, which was followed up by a letter from a solicitor. The letting agents then wrote a letter to the solicitor saying that in fact money is owed to us as the deposit is only £2200. It has now been 11 months since the tennants have moved out. I have asked the letting agents (on a number of occassions) to request the release of the deposit to us. What would you do? Everytime I call/visit the agents office I get fobbed off - "these things take time", "we have to do it right" etc etc I want to continue using the agents but I want my money back! Any advice at all would be great
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