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nerms19

Letting agent not applying for release of deposit

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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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Take this on board - the landlord NOT the agent is responsible for the deposit - it is the law.

Your agent seems very remiss is giving a statement to the tenants but more importantly where was the deposit protected?

You need to ascertain this and contact the deposit holder yourself and register your problem over the unpaid rent etc.

I myself would not use an agent who carried on this way.

Could it be that the agent did not protect the deposit? This could be a case of fraud/theft. I would tell the agent if he does not come up the the deposit or details you will be calling in the police - and you should do that.

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Well get on the to deposit holder and tell them your problem - leave the agent out of this for the time being if he is being difficult.

If the agent belongs to ARLA or NAEA I would report him - disgraceful behaviour.

There is a website that can tell you which scheme the deposit is in if you tap in an address - search it on google.

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What deposit scheme was it protected with?

DPS

TDS

MY Deposits

Capita.

Rent arrears is the easiest to claim on as it should be clear cut what is owing and I see no reason for the delay.. It is likely the deposit is held with DPS or the TDS.

If the DPS you should be able to open your own account (no cost) and then just give your id No to your agent who then contacts the DPS who then

transfers the deposit under your name and you can deal with the claim. All you should need is a statement of rent paid and move in and out dates. With this info the arrears should be clear.

If the deposit is held with the TDS the agent is holding the deposit in their client account and it is a bit worrying why they are not dealing with it and passing the funds over. One reason could be is that they have spent it, as a number of unregulated agents use their client account to run their business and or "help" with their cash flow.

There is no reason for a delay this long unless it is unclear when the tenants left. I would ask to see the correspondence between the agent and deposit scheme if there is a dispute and there is no reason not to show you or give copies as you are the client. You need to get tough with the agent as they are palming you off without a doubt and I speak as a agent myself.

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