Estate Agent giving me the run around - flatmate refuses to pay bill money

thom · 8th March 2007, 02:53

Ok, so we moved out of our property in Hammersmith on the 8th of February. We contacted our estate agent a few weeks later to arrange the delivery of our deposits and he told us that there 'Had been a problem with our last months rent' and that he'd 'get back to me'.

This seemed strange, as the rent in question was due a month and a half before this and no one . I contacted him a week later, and he told me that everything was ok with the
rent and that he had the deposit cheques in front of him and he'd send out our deposits as soon as he got the 'green light' from the landlord. I called him a week after this and he gave me the email address of someone in their accounts department who would sort this out. I emailed them and they told me

"Dear Thom

As per AST your the deposit is held by your Landlord."

I called the landlord who said they would contact the estate agents tomorrow and find out what is going on.

On top of this, one of my flat mates from the above tenancy (who moved out and was replaced 2 months before the end of the contract) said that she has contacted the estate agent this week and there was a problem with the last months rent (same bulls##t excuse he gave me). I have a £648 gas bill in my name to pay off over the next 2 weeks, and British Gas have already threatened legal action. £178 of this is owed by the flat mate but she refuses to "part with any money until payment of the last rent has been confirmed and I have received my deposit back".

I replied to her saying that as the deposit and gas bill are 2 seperate issues, and the estate agents are giving us the runaround, I have no choice other than to persue a county court claim against her for the money. She also wants proof of the other bills being paid off which she has given me money for (I can provide this proof).

All in all, this is causing me a great deal of stress and worry and I would like to know if I am doing the right thing and what further steps I should take.

Any advice or support would be GREATLY appreciated.

Thanks

blacksheep1979 · 8th March 2007, 08:53

write to the landlord, set a date by which you want the deposit and state in no uncertain terms that you will be taking him to court if he doesn't provide it. Same thing for the ex-flatmate.

thom · 8th March 2007, 21:11

Sounds like pretty sound advice - anyway I could hit back at the agent too? he's a bumbling fool and as been lying to us all - I can't see any reason why too. Unless they've not passed our rent onto the landlord?

blacksheep1979 · 8th March 2007, 21:55

If they're a member of ARLA report him to them.

thom · 9th March 2007, 01:34

Great - they are members of the ARLA. I'll call tomorrow, demand the landlords details - send a letter and also send a complaint to the ARLA.

Also, I should be getting the Gas bill money sent to me tomorrow - she didn't want to hand over any money because she thought we hadn't paid our rent - this is due to the estate agent lying.

What a prick.

thom · 19th March 2007, 19:47

Gas bill sorted, posted a letter to landlady also 1 week ago today... no response yet and letter has been signed for. 1 week till LBA now...

I'm kinda disheartened by the lack of 'success' threads on this forum compared to the bank charges. These landlord/tenant disputes seem much messier ...

thom · 26th March 2007, 10:37

Ok, I'm not sending an LBA - I made it clear in my first letter that they have 14 days to reply and they had 1 month to return the deposit before then. So today, I start my claim via www.moneyclaim.gov.uk

Any thing to be careful of or general last minute advice? am i doing everything right?

knoxvillain · 26th March 2007, 11:49

I would recommend sending an LBA even if it's only a 7 day one. You have to be able to show the court you took every reasonable step to resolve the issue before proceeding to court.

Also make sure you summons the right party, I believe it should be the landlord, not the agent, as the agent is just holding the deposit on behalf of the agent. Keep copies of all corrpesondance along with your recorded delivery receipts. make a file and keep it all together so you have it to hand when court comes along.

I feel for you, I'm appearing in court this thursday against my ex-landlord. Hopefully I can be one of the few success threads in here if it goes well.

blacksheep1979 · 26th March 2007, 14:44

as knoxvillain says the courts can take a dim view if you haven't done every possible step to try get the money back without the courts aid.

thom · 26th March 2007, 14:52

Yeah, i've just typed up an LBA givign them a further 7 days.

"as i am yet to receive a reply to my letter... blah blah blah.... i will issue a county court claim against you for my deposit, plus interest, plus my costs on the 2nd april 2007"

am i ok to stick in the interest/costs bit?

cheers!

davethorp · 26th March 2007, 17:42

Fine to mention interest and costs as long as you haven't put either in the balance owing. You can only add them once you have reached the court stage.

thom · 1st April 2007, 22:50

Howdy all - ok, tomorrow, the landlords time to contact me is up, and I will be starting my claim against them to get my deposit back (i'll probably just do it tonight while i'm at a computer, its a sunday anyway).

The landlord hasnt contacted me at all, but my other flatmate sent a letter to them with her mobile number on it. The landlord sent her a text saying that the estate agents (dexters) hadn't given her any of our rent since december, she doesn't have our deposits and will call the estate agents tomorrow.

To be honest, I believe the landlord. I've dealt with said agent, and can honestly say that the man is a lying deceitful [edit]. But, to my understanding (correct me if I'm wrong) this is not my problem in the slightest. Whether or not the agent has screwed her, she personally owes me the deposit money and as I have sent 2 letters giving her ample time to reply, I have every right to pursue my claim and take her to court.

Am I right?

blacksheep1979 · 1st April 2007, 23:10

yup if she owns the house and your contract is with her then she unfortunately is the one you pursue - point out to her that she can pursue the agency for the money through the small claims court as well.

thom · 1st April 2007, 23:17

this is great.

halifax have 1 week to give me £600 back too before i register with the small claims.

i'm on the warpath.

or 'law-path' is maybe more appropriate.

thom · 1st April 2007, 23:39

also, if i'm registering my claim now - when do i add fees and interest to my claim? and how do i calculate my interest?

any help would be MASSIVELY appreciated

blacksheep1979 · 2nd April 2007, 03:10

there's a spreadsheet in the templates library and you you have to mention that you are claiming interest in your claim and the amount it is for.

Just roughly work on what is in the templates library and pm it to me or stick it up here and we'll help you out.

thom · 10th April 2007, 15:51

Ok, so the current situation is, the landlady has got a list of all her accounts from the estate agents - she says she'll go through them tomorrow and send the cheques out. I'm pretty sure she has the deposit - I'll give her to the end of the week, then submit my claim.

blacksheep1979 · 10th April 2007, 21:19

yup, seems more than fair and she's had ample warning.

thom · 23rd April 2007, 09:47

cheque received and put in my account - thanks everyone

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