Agent refusing to pay bond back

[trixter444]

Hi all, here is the problem:

My brother in law lives in a rented house which he rented through a letting agent and signed a 6 month tenancy agreement. This 6 months is now up. The letting agent was part of a Estate agents that have 2 shops in different towns nearby, the shop that was dealing with the rentals has shut down and the partner who owned that shop is running the rental side of things from her home address, still using the shops letterheaded paper with their phone number crossed out and her home phone number in place. As his 6 months is up, he agreed privately with the landlord (who only lives 5 doors away) that he would no longer pay his rent to the agent but to her directly, of which the landlord agreed as obviously she wouldnt have to pay the agent any more fees. The agent currently holds my brother in laws bond and is refusing to give the landlord last months rent (june) saying that she wanted it in writing that the b-i-l and the landlord were doing it privately. The landlord has now done this but the agent is still not budging on this.

Your help would be much appreciated.
Thanks

[MrShed]

To be honest, it doesnt really affect your b-i-l at all. His contract is with the landlord ONLY. Ultimately(and unfortunately, as the landlord seems decent), responsibility of the deposit lies with the landlord alone. Therefore, regardless of whether the landlord receives the deposit back from the letting agent or not, he still owes the BIL the money.

In any event, I am fairly sure that this question would depend purely upon the written terms and conditions between the LANDLORD and LETTING AGENT. This, obviously, is something that you have no interest in, nor control over.

[trixter444]

Thanks for the reply.

The agent has my b-i-l bond, so it does affect him, as the agent is refusing to give that back. Is it right for this agent to be working from home after the shop shut down and she has not paid her former staff for 2 months and her cheques are bouncing all over the place? Is that not contravening any part of trading standards do you think?

Your thoughts and help are appreciated.

[demon_x_slash]

No, you misunderstand Mr Shed's post. Forget the agent and whether her working practices are 'right' or not; that's not your concern, that's the landlord's. The Landlord is liable for the return of the deposit, even though the agent may be holding it. If the agent will not release it, any Small Claims action must be directed against the landlord, as your B-I-L has no contract with the agent. It is then up to the landlord to recover their own losses from their agent after s/he has returned your B-I-L's deposit.

[trixter444]

Ah right! I misunderstood, thanks for that, I will inform him.

[demon_x_slash]

No problem - think of the agent as the guy (or girl ) in the middle - although they may have drawn up the contract and held the deposit for the landlord, they're ultimately the facilitator. As Mr Shed said, it's a shame, because the landlord in this case sounds like a nice one, and nice ones are like thylacines - they're often spotted, but there's no scientific verification that they actually exist If this drags on too long, your b-i-l will have to sit down with the LL and have an apologetic chat: "Sorry, I really don't want to do this but your agent's actions are making this unavoidable; I really need my money back, and I hope you understand that if I can't get it from your agent, I have to get it from you..." etc.

[Joa]

thylacines? what's that , demon? do you often see strange things which actually do not exist?

[demon_x_slash]

The most beautiful marsupial in the world - now very probably extinct, although there are sightings from time to time: The Thylacine Museum - A Natural History of the Tasmanian Tiger Take a look at the videos; they're from the early part of the twentieth century, of the last two or three in captivity, and are truly amazing.



Sorry for the hijack And to answer your other question, Joa, I always see things that other people don't ("Who you gonna call?!")

[trixter444]

Demon,

Ive told him word for word what you replied, he is going to go and have a chat with her tonight. It is unfortunate as she is a really nice woman. At the moment the agent is playing one off against the other! For instance the agent has sent my b-i-l a letter this morning saying that the landlady doesnt want to do it privately and is trying to make him sign another 6 months agreement, so he has taken the letter to the landlady and showed her, and she has said nothing of the kind!!

[MrShed]

Thanks for clarifying for me Demon

[demon_x_slash]

No problem - don't forget to visit the thylacine site! Any update on this, trix, however small? Hope it's good news.

[trixter444]

Hi Demon,

B-i-l has spoken to the landlady, she wasnt very impressed when she was told she is liable for the return of his deposit/bond even though the agent is holding it, but she is still adamant that my b-i-l owes her last months rent (june) even though he has paid it to the agent and its the agent that hasnt paid the landlady. My b-i-l is now worried that she will make him leave, although reading other posts I know she will have to give him 2 months notice to do that.

thanks

[MrShed]

Well, we know the score with the deposit. The rent clearly isnt due again. Not sure I would have said anything to the landlord, as the deposit is obviously not due back yet anyway, and I would have left it until the situation with the agent had been resolved.