claire12 Posted June 22, 2015 Report Share Posted June 22, 2015 I have 2 properties which I let through a local Agent, I was originally told by them that the properties would be inspected by them every 6 months and then a new 6 months Tenancy Agreement issued.After visiting both properties to do minor repairs, I was told by the Tenants that the Letting Agent has never been to the properties to inspect them and that the Tenants had to go to the Letting Agents office to sign the new agreements. ( they were also charged for this , as I was )I phoned them up and told them I did not want them to act for me .I have opened my own account in the deposit scheme and asked the Agent to either transfer the deposits directly or to forward me the deposits so I can put them in the deposit scheme.The letting Agent has told me they wont release the deposit until I pay 4 months management fees, as I never gave the required notice.Can they hold my Tenants deposits ?Thanks Link to comment Share on other sites More sharing options...
Grampa Posted June 23, 2015 Report Share Posted June 23, 2015 Well any T&C'S you signed with the agent would/should have a termination clause and I am guessing it is 2 months hence the total 4 months fees they are requesting for 2 properties. Regarding the inspections that does have a value. Have you suffered a loss by them not being done? If they would have picked up something that could have been rectified and saved you a loss you could try to claim or counter claim for that. If not the only loss is the inspections not being done which you paid for in fees. If you could put a cost to the inspections ( try calling an inventory company who may be any to give a figure) and you could use that as a claim or counter claim. In the eyes of the law the deposits belong to the tenant so you could ask the tenants to formally (by letter) ask the agent to return/transfer the deposit. Or you could formally ask the agent to return the deposit to the tenants. If the agent wont return the deposit the tenants would have a claim against you which you would then have to recover from the agent. Link to comment Share on other sites More sharing options...
Melboy Posted June 24, 2015 Report Share Posted June 24, 2015 What Grampa says................... The deposit belongs to the tenant's so the LA can't hold back on returning the money to them at some point upon request to do so.. Link to comment Share on other sites More sharing options...
Mortitia Posted June 24, 2015 Report Share Posted June 24, 2015 Why not ask your tenants to insist on the return of their deposit which you sanction. The agent then has to return the depsosit because YOU are in control of the deposit. You can then take it again and protect it and issue PI. Write on paper to the agent stating they are in breach of contract by not inspecting, etc etc and therefore you are ending the contract. Get the rent paid to yourself and wait it out. I bet agent does nothing of any consequence. Link to comment Share on other sites More sharing options...
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