Help Agents Lied

[georgie1005]

Help i have received a county court order regarding not returning a deposit which the agents acting in my behalf promised they will handle.Apparently they failed to enter the deposit in the scheme and they lied again.They said as we were owed rent that they would take it out of this deposit....Please help we had a letting agents acting on our behalf and the court sent them the order but apparently without us knowing the agents went to court and stated it was our fault the deposit wasnot returned!!!:-x:-x:-x

please help

[confused mum]

What does your agreement / contract, between you the LL and agent, say that was agreed to?

Does it say who is responsible for the deposit?

Who was the deposit paid to/handed over to?

How was it paid: cash or cheque?

When was the last AST agreement dated?

[georgie1005]

What does your agreement / contract, between you the LL and agent, say that was agreed to?

Does it say who is responsible for the deposit? The estate agents held the money and the rent was paid to them direct and they were paid for full management of the letting.They held the deposit and stated on the contract that the deposit was to be paid into a secure dps

Who was the deposit paid to/handed over to? The estate agents we did not see it till the end when we got a money and email from them as last rent payment in agreement with the tennants.

How was it paid: cash or cheque?direct to the letting agents we did not see it it was held by them

When was the last AST agreement dated? 29/7/10 i hope u mean the county court order?? apparently the letting agents went to court and told the judge it was down to us..which was another lie.

[confused mum]

It sounds very confusing.

I think you the Letting agents have held the deposit and not placed it into a scheme which is against the Law. Im not sure why the Letting agents think they can take the deposit to pay the last months rent. This cannot be touched if if a deposit scheme, Rent is normally paid a month in advance.

 

Do you have any correspondence from the Letting agent to say that they were using the deposit to pay the last month? As this seems to be vital!

 

Does your Assured Shorthold Agreement (AST) with your tenant say that the agent was to place the deposit into the DPS? Another key part of evidence.

 

If you have these then you are safe and dry. You need to submit this evidence as your defence and state that you never received the deposit monies and therefore was not possible to place the monies into the DPS.

 

Hope thids helps - write back

[georgie1005]

Do you have any correspondence from the Letting agent to say that they were using the deposit to pay the last month? As this seems to be vital!

 

 

I have an email from them regarding using the of the deposit for the rent!!

 

 

Does your Assured Shorthold Agreement (AST) with your tenant say that the agent was to place the deposit into the DPS? Another key part of evidence.

 

the AST says the deposit will be paid into a DPS but not who's responsibility..however we were in Germany and did not see the money as it was paid direct to the letting agents into their account and they had full management of the property