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My estate agent has gone into liquidation - deposit money?


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Dear all,

 

Unfortunately my estate agent who lets out the property I live in has gone into Liquidation.

 

I am a student, and started letting the property form July last year, for 1 year. So the contract I signed with the estate agent for the property will terminate in July 2012. I have a written contract.

 

The estate agents have my damage deposit which was £675 (one and a half months rent)

 

I have found out today that they have not put it into protection by the Deposit Protection Scheme.

 

I will cease to pay the remaining rent.

 

Where does this leave me? What are my options? Do I still have to pay the rent to the landlord? Isn't it illegal what the estate agents have done?

 

How can I get my damage deposit back?

 

Could someone please help me out?

 

Thanks

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The landlor will be responsible for the deposit and any wrongdoings of the agent.

 

You should write to the LL immediately and put him on notice. It is up to the LL to puruse the agent.

 

Start aking notes and also keep good pics of the flat.

You are certainly entitled to withold rent if that rent adds up to the deposit and if all of the deposit is due back to you.

 

Best thing to do is to enter into friendly dialogue with the LL. Don't forget that he is a victim as well -and may not have rceived rent

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Yes LL is responsible for your deposit and is now responsible for protecting your deposit. You could be entitled to 3x deposit, but if LL protects the deposit prior to your case coming to court then he would avoid the fine.

 

As Bankfodder says, he is a victim here. He also may not fully understand that *he* is responsible for the deposit and *he* needs to pursue agent. It's possible that agent will have held the money in a protected client account (it's also possible that he spent it on drinking and gambling).

 

You could politely inform him that unfortunately he is the victim here, and ask that he protect your deposit. If he is unwilling to protect your deposit I'd be inclined to withhold last month's rent - it's really too late to start taking him to court.

 

Do you have an "address for service" for the Landlord - often this will appear in the contract as relating to Section 48 of the Landlord and Tenant Act 1987. See here or google further:

 

http://www.landlordzone.co.uk/landlord%27s_address.htm

 

May be a good idea to get your proofs of rent payments in order (eg. printing off bank statements if they are online).

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yes I have the landlords adress. its funny because prior to this we contacted him/her and they told us that they didn't want to contacted directly and only through the agent. We've had hell both with the land lord and the agent this year.

 

So the next step is to get the landlord to protect my deposit under DPS? If this happens then I should pay them the full rent? Or should I request a reduction in the rent since I will no longer have an agent to handle my affairs and because technically the contract has been breached.

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Also the agents contract was with the LL not with you.....

It should not effect you in any way, apart from the fact that you now have to deal direct with the LL.

IMO there is no grounds for withdrawing rent.

I am not a solicitor :!::!:

 

Most of my knowledge came from this site :-D:-D

 

If I have been helpful in any way at all .............. Please click my star..... :-(:-(

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smokes, DPS is only one of the 3 approved schemes and rarely used by EAs.. They may have used on of the other schemes which are Insurance based. I think your AST will state that the deposit will be held in an approved deposit scheme. Either way, LL is ultimately resp for its return. LL may not have wanted Ts to have direct contact if he was paying EA for a full management service. He may not be aware that EA has folded. You have no right to withold rent for deposit. Deposit is held until end of T to cover any T damages first.

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