Nightmare with return of bond from rental property! please give advice :(

[welly_59]

hi all,

i'm hoping for some advice, support and suggestions on how to proceed with a very difficult situation i'm in.

 

I took over the tenancy in a property in january 2007. the property was being managed by a letting agency on behalf of the landlord. As the tenancy started before the new laws regarding bonds came into force, my bond is being held by the agency.

 

In early 2009 i was sent a letter from the agency stating that they have stopped managing the property and please could i sign this form to hand over the bond to the landlord. I DID NOT sign the form and send it back. I have spoken to the agency today and they still hold the bond for the property.

 

My landlord has always been a nightmare to get hold of, sometimes i would be trying for 2 months to get hold of him. I gave him my notice over the telephone at the end of october, i also followed this up with a written letter to the address i have for them. I stated that i would be vacating the property on 7th december as per the terms of my contract and that we need to arrange to meet up for a final inspection, handover keys etc, and for the bond to be released to me.

 

I have tried numerous times to contact him over the last 2 weeks, and over the last week i have been calling twice a day with no answer. I am due to leave the property in 3 days and am requiring my bond and a final inspection.

 

As the letting agency currently hold my bond i have also been in touch with them over this period advising them o what i have been doing. The agency has told me that they cant release the bond without the landlords permission. they have also sent him letters stating that i am leaving the property on the 7th and that they require instruction to release the bond.

 

What would happen if the landlord does not get into contact with them? will my bond be held indefinitely by them? what should i do if i am going to have any chance of resolving this?

 

 

*my rental agreement is with a ltd company, not an individual, but i have always dealt with the one person, who i assume is the owner of the company whose purpose it is is to rent out their own property. As of today the ltd company is still trading, according to companies house.

 

If you need anymore ino then please let me know and i will do my best to provide you with answers in return for some advice This is really stressing me, what with christmas coming etc.

 

thanks in advance for any help you can give me

[Steve__M]

Given that the agent has previously refused to release your deposit to the landlord without your say so, I would assume that the agent needs both you and the landlord to come to some agreement.

 

During a dispute, a previous agent of mine did say that the bond would indeed be held by them until full agreement was reached. Your agent may offer access to a dispute resolution service (which might cost money as it is not relating to a deposit) or they may require that one of you takes court action.

 

By the sounds of it you also ask the agent what they would do if the landlord did not reply to them.

[welly_59]

i have just spoken to the agency and they have said that they will send a final letter to the landlord tomorrow, stating that we both have tried to contact him with no joy, and that if he does not get in touch within 10days then they will release the bond to me. does this sound like something they could do for me?

 

the agency stopped dealing with the LL due to never being able to contact him, so they understand totally what i am going through

[Steve__M]

I don't think you can ask for more than that from the agent. Let's hope the landlord isn't around till you get the money off the agent...

[welly_59]

thanks for the advise so far, its been good to have some help with this.

 

I've got a question though. My tenancy agreement is with the ltd company, and i have checked companies house and the person i have always dealt with as my landlord is no longer listed as a director of the company. would he still have the authority to block the release of my bond from the letting agency now that he is no longer listed as a director of the company that my rental agreement is with?