Letting agency playin up???

[mack187]

Hello

Im looking to get some advice as to whether my former letting agency are acting entirely within the law by witholding my deposit for 5 months......

Last year I signed a joint tenancy with 4 "Friends" at university for a nine month contract, one of us was put down as house manager and we decided he would be in charge of bills, due to various disagreements I left the house two months early bu still paid my full rent a expected to get my deposit back, 5 months later I am still waiting.....

When I went back to the house two days before the tenancy was due to run out everyone else has moved out and left the place a truly disgusting mess, wanting to make sure I got my deposit back I spent 5 hours cleaning it up, but now I am told by the letting agency I cant have my deposit back until they have got proof final utily bills have been paid, can they really do this??

I have tried to contact the person who was dealing with the bills but with no luck, they also claim they have tried to contact him, but Im not sure I believe them, they have been witholding £350 from me since May and I really need and think I am owed it back, I know new tenants have moved into the house and I myself have tried all I can to get this sorted out, It seems they are quite happy to keep my money.....FRANKLY IM FED UP...and feel its time to get slightly more serious with them....If anybody has any advice about what I can do I would greatly appreciate your input, I dont think my ex-housemates and the letting agency should be allowed to get away with this.

Very best wishes


Tristan

[mack187]

Sorry to bump the post...but Im going to see the letting agency in person tommorrow and could do with being armed with some information.

Thanks

[Jhawc24]

They cannot withhold your deposit on the grounds that they have not received copies of the final utility bills. This would not stand as an excuse should you take them to court. If utility bills have not been paid then it is down to whoever was living in the property at the time to pay them. No-one else, inlcuding the landlord or letting agents cannot be forced to pay them by the utility companies.

Give them a prelim letter giving them 14 days to return your deposit. If any other deductions have been made from your deposit then you are entitled to copies of the invoices. If you do not get a response then give them a 14 LBA letter. Please note that the landlord is the one who is responsible to return your deposit, he is the one you take to court. So make sure he gets copies of the letters, make sure you have the letters signed for, to prove you have sent them.

Good luck Joan.

[mack187]

Thank you for your reply Joan, very helpful

The agency have come back with the fact that I signed a contract with this in it, saying they could withold the deposit for this reason.

Does this now make my argument invalid, it seems unfair that they can put this in the contract, Please could someone advise if this now gives them the right to withhold the deposit on these grounds.


Again any advice is greatly appreciated

Regards

Tristan

[Jhawc24]

Hi Tristan,
Sorry for lack of response been working 12hours shifts !

You are quite right it is an unfair term you can contact OFT here: Office of Fair Trading - Unfair terms in contracts for some advice.

Also you can get in touch with Shelter: Advice and support it's a very good website.

Keep with your timelines, follow up your prelim letter with a LBA letter. They have to show that not having the final utility bills has cost them the amount of your deposit that they are withholding.

I would also check to see if your letting agents is a member of a self regulating body such as Arla. You may also be able to complain to them. Send the agents a copy of any correspondence you make, it may be enough to make them hand over YOUR money.

Good Luck, Joan.

[mack187]

Thanks Joan

Just a quick update-

I have phoned & written to the OFT, Shelter,Consumer Direct, and both the Universities which the letting agency is affiliated with. I have sent a copy of all these letters along with a preliminary letter to the letting agency, hopefully this might be enough to force their hand.

[mack187]

Update-


"Folded like a pack of cards"

Literally 5 minutes after I sent a fax detailing my actions they were on the phone saying my deposit would be with me within 5 days

The usual waffle of they were still confident they were in the right but have time to go to court.

All irelevant really

I Won!!!!

Thanks for all the help!

[demon_x_slash]

Don't count your chickens - wait until you are actually credited with the cash. Then break open the champagne

[Jhawc24]

Well done - hope you get your money back soon.

Regards, Joan

[mack187]

Suprise, Surprise

They are playing up again

They now say they have to take most of my deposit due to bounced direct debits, they have charged me £30 a time for these.


No way I am letting this go now.

Should I continue with my time schedule and take them on?

Cheers

Tristan

[demon_x_slash]

ABSOLUTE RUBBISH - carry on...actual costs incurred, etc... the bar-stewards.

[Jhawc24]

Funny how it has taken them since May to decide to charge £30 for every DD that bounced. They do have to show that actual costs have been incurred. So keep up the fight. Have they split these costs between all of your housemates? or are you the only one requesting return of deposit?

The landlord may be able to show that it has cost him for the rent being late i.e. a dd he was due to pay may have bounced, so bear this in mind.

However since it has taken them all this time I think it will go in your favour. Absolutely stick to your timelines your initial request was for the full return of your deposit.

Good luck, Joan

[mack187]

Hi

Thanks for the replies

Joan, I don't think it will have caused them any cost as it was the letting agencies account, they are the landlord in this case.

As far as I know I am the only one claiming my deposit back at this point, I have e-mails from them stating they would return my deposit and now they are trying to go back on their word.

Im quietly confident

[mack187]

They have ignored my preliminary letter giving them 14 days, they appear to be digging their heels in now after promising to return my deposit.

I am going to write the letter before action letter now, but before I do I wanted to ask for any advice you may have of things to include in this letter, Law & case history etc....


Any help is greatly received

Best wishes

[blacksheep1979]

wouldn't overcomplicate it - just stick to the facts ie what you want back, why you should have it back, how long you are going to give them and what will happen if they don't give the money back. Also point out that you will proceed with legal action without further warning.

[JonCris]

Also you don't need to quote case law.

They are holding your money without just cause & you want it back (with interest)........now!

[mack187]

The letting agency are also insisting that they are the landlord although Im not 100% sure on this and despite me requesting it 3 times they have failed to send me a copy of the original tenancy agreement.

Can I request this under the data protection act and do I need to pay for it??

[damiencannell]

Hi Tristan

You are entitled to a copy of your agreement. If they want payment for the photocopy the they are stingy gits. Make sure all correspondence is done in writing if you are requesting anything.

Was the agency affilliated to your university and if so which University? If not what was the name of the agents? If you could let me have that info and i should be able to help you a bit more.

D