Deposit not returned

[dosf]

Hi everyone,
have read through lots of the posts here and there's so much great info, but i just wanted to get some response from my particular case which is where an agency have been managing my previous flat but have got my final date of leaving wrong. I don't know who to take this up with, the agency or the landlord.

The property was originally rented for one year between 23/02/05 - 22/02/06 at £400 per week with a £2400 deposit (1.5 months rent). The agent contacted me at the end of 2005 asking if i wanted to extend the tenancy. I emailed on 13/01/06 to say I wanted to leave at 04/03/06. I received a reply on 17/01/06 saying the landlord was happy with this extension.

Then on 15/02/06 I received a letter saying I would be staying until 22/03/06, a date I'd never suggested in either email or verbally. I wrote to the agent on 20/02/06 saying I'd be prepared to move out on 11/03/06. The agent arranged a check out for me on that date, when i returned the keys.

On the 06/03/06, the agent wrote to say I was liable to pay rent until the 22/03/06. According to my calculations the rent payable for March 06 was 968.77, being 17 days of total rent, an amount that was confirmed correct by the agent in an email of 20/03/06.

However, I received (much later on 13/06/06) only 550 of my £2400 deposit. £116 were check out costs. The rest was the full 1733.33 rent for that month.

I obviously want to get back the £764.66 owed to me. But I've only dealt with the agent, not the landlord. By the way, they're a well known high street agent. What's the best next steps to sort this out and who should i pursue - the managing agent (who seems to have got the dates wrong) or the landlord?

plus are emails legally viable if it does go to court?

any tips on this gratefully received,

thanks all D

[blacksheep1979]

Have you written to them and asked for the money back and if you haven't yet include the emails? Whilst the emails won't hold as much weight as a letter they will certainly sway the judge. If you have sent the agents a copy of their emails agreeing to the date you asked then they would be foolish to let it go as far as court.

Do you have any proof of moving your stuff out? ie van hire company that did the heavy lifting? and do you have proof of new tennancy starting elsewhere on a given date and also and inventory/check of the property dated before the 22nd?

[dosf]

Thanks for this! yes I have the inventory signed and dated on the date I left and the contract for the new flat from just before the date I left the old one.

I've requested the money by email and phone but not formally - I'll try this now with the emails attached and see what they say. But should I send this to the Managing Agent to get the money back, as they are trying to wash their hands of it and say it's between myself and the landlord (whose address I don't even have!)?

[amartin1908]

your obligation to them is 1mths notice and theirs to you is two months! If you have asked for an extension then you will find that they have a right to do it on a monthly basis and charge you for that whole month period.

[blacksheep1979]

Originally Posted by dosf

Thanks for this! yes I have the inventory signed and dated on the date I left and the contract for the new flat from just before the date I left the old one.

I've requested the money by email and phone but not formally - I'll try this now with the emails attached and see what they say. But should I send this to the Managing Agent to get the money back, as they are trying to wash their hands of it and say it's between myself and the landlord (whose address I don't even have!)?

It depends on wether the contract was between yourself and the landlord or you and the agency