Letting Agent not protected tenants deposits (M&W Lettings)

[agencynightmare]

Hi,

 

How did you get on with M&W? Anyone else had any issues with them?

[GroanUP]

I have had lots of issues with them.

[agencynightmare]

I have had lots of issues with them.

 

Just discovered can't private message on here until you have 30 posts and can't post links until 10 posts.

 

Please email me at [removed]

 

I know you can private message there. I want to ensure you have some info that will be of use to you.

Edited August 21, 2014 by honeybee13
Asking for contact off forum.

[raydetinu]

whats the secret? can we all not be informed if you have useful info.

[agencynightmare]

whats the secret? can we all not be informed if you have useful info.

 

It's sensitive, do not want it public knowledge as it is helpful whilst not out completely in the public for landlords and tenants who are at risk of losing a lot of money through this agent. Happy to share with anyone who is currently going through a nightmare with M & W if they want to email me.

[honeybee13]

Hi. Raydetinu is quite right, we don't encourage contact off forum.

 

OP, please think carefully before you share information with someone who is just a name on the interweb. Advice that is given on open forum can be peer-reviewed and any problems spotted.

 

HB

[raydetinu]

It appears RL has an axe to grind, as is posting disparaging remarks about M&W all over the place!

[honeybee13]

Good spot, Ray.

 

HB

[agencynightmare]

It appears RL has an axe to grind, as is posting disparaging remarks about M&W all over the place!

 

Simply trying to get money back from them before it disappears, and I am not alone in this. I will say this, they are no longer registered with My Deposits, so anything they historically held with them is safe until mid October. Anything they have taken since 25th July is unsecured.

[raydetinu]

Are they stakeholders for the deposits then! and just registered with My deposits?

You say YOU are trying to get it back from them.

If you are a LL then has the scheme reimbursed tenants and then you are actually trying to get the deposit back from Agent ( you could of protected it yourself of course ).

Have you started any court action?

Have you tried posting on the Landlordzone web site for advice?

LL that have used agent that has not protected deposit face sanctions as well, as it is the LL responsibility to protect.

 

 

This is probably worth another thread on its own.

[agencynightmare]

I stumbled across this thread because I was looking for reviews of M&W lettings.

 

So the history of this thread started with them taking a deposit from a tenant and when the landlord chased for the deposit certificate, found out they were not registered and registered 3 months after they'd taken monies.

 

When I let my property out through them, they were indeed registered, but I just took this as a given and obviously had this confirmed when I received a certificate from My Deposits.

 

I received a letter from My Deposits early August notifying that M & W lettings were no longer a member. On challenging them they said that it was an oversight and they were registering, which to be fair, they did. However, their membership renewal was declined.

 

So as it stands right now, any deposits they have taken from the 15th July 2014 are unsecured.

 

They obviously have the option to go to another scheme, however, as I understand it,

 

Tenancy Deposit Scheme (TDS) - agents have to belong to a regulated body or have 5 years worth of accounts. Can anyone verify this?

 

They have neither.

 

Deposit Protection Service, offer two types of cover. First one you have to meet the criteria as per above, which they don't. The second service is Custodial, where the whole amount is held totally by the scheme and the agent doesn't get to touch it. Again, would welcome verification of this.

 

So looking at the houses they have let recently, as the rental on them, there are many thousands of pounds of tenants money sitting somewhere, unprotected. And the landlords will not know unless they are clued up to the fact that they should receive a certificate. I know for fact that up until a week ago, their tenancy agreement was still quoting that deposits would be secured with My Deposits.

 

I really have had my eyes open to the fact that it seems anyone can set up a residential lettings agency, take money from people, say it's being secured when it isn't and it seems there is not a lot that can be done about it.

[raydetinu]

As far as I am aware my deposits is purely an insurance backed scheme, they do not hold any of the Tenants deposits, the LL retains it or a registered agent as a stakeholder in a non interest account.

The onus is on the LL and the law requires the LL to protect the tenants deposit ( if Agent does this on their behalf, the LL must ensure this is done ).

The LL remains responsible for the protection and if not done can be sued by the tenant. ( leaving it to the agent is NO excuse ).

Its the tenants money which the LL must look after, hence LL is in firing line for it and for the fact it was not done. ( compensation )

I understand Agents are going to be regulated when the government get around to it.

[agencynightmare]

This is what I've come to learn, the deposit insurance only covers the tenant and I am liable if the agent does a bunk. I have lost confidence in the agent and formally requested the deposit been transferred to me so I could secure it. They have point blankly refused. I am worried sick.

[raydetinu]

If they have not protected it then your only course is to end any contract you have with them ( breach of contract ) and sue for the deposit to be either given to you as LL or returned to the tenant.

Have you written to them in this regard? and suggested court action to recover money.

Have you advised tenant of the situation or are they aware of it?

[agencynightmare]

We ended our relationship with them this week.

 

I formally requested the deposit be made over to us to secure directly.

 

My intention was to use the Custodial service offered by DPS, I like that they hold it, so it's transparent and no need for anyone to worry the money has actually been used for tickets to Barbados.

 

They have refused. It is now an open case with Action Fraud, but of course there is still the issue of if they do take off with the money but going bust, closing down business and disappearing, although Fraud are now looking at it, I guess I am still liable for these monies?

 

Would there be an objection for me to opening a new thread on this agency and copying these posts over? The local newspaper forum has been getting a lot of experiences of both worried landlords and tenants having to take expensive legal action to get their money back from this group. I believe it to be in the local area public interest.

 

Thanks!

[stu007]

Hi

 

Already moved posts so you have your own specific thread now.

 

The thread title is the same except for the addition of (M+W Lettings)

[agencynightmare]

Great, thank you. Could you change it to M&W as that is what they use. I will post the link on the local paper reviews board and get people over here. They have lots of people anxious about their money, but the paper site allows someone to hit the Report button, which removes posts to be looked at. I will post this link to move people here.

[stu007]

Done changed to M&W

[bentilley]

My partner and I had to move into rented accomodation after being flooded on christmas eve. M&W found us a flat and said they could arrange a 6 month AST. They charged us £500 plus vat in fees, and took a deposit of £2285, which all seemed reasonable and above board.

 

It later transpired that the flat was a holiday let, there was no AST, they had just booked us in for 4 months. The landlord knew nothing about the deposit (their standard deposit was only £200), and M&W were taking more than the agreed amount from each months rent, leading to the landlord trying to evict us. After talking directly to the landlord (who was fantasticly helpful and understanding) it turned out that M&W had been lying to both parties, and blaming both for the whole situation.

 

The landlord requested that M&W return our deposit, as did we, but M&W refused, and then stopped responding altogether - not answering the phone, refusing delivery of recorded post. Now we find out that they've lost/cancelled their membership of mydeposits! I guess our only recourse now is the small claims court.

Edited August 24, 2014 by bentilley
spelling!

[raydetinu]

Sorry tale and my sympathies.

Yes start court proceedings immediately, and send them a letter before action just to be safe. I would also inform the police as there appears to be fraud involved and Trading Standards as they should investigate these people too.

What I don't understand though is handing over a large deposit without a signed contract from the LL??? Agent is just that an Agent?

I hope you have proof of payment of the sum to the agent, then it should be straight forward to get an award, but collecting it is another thing.

From what I understand any deposit registered with my deposits is still covered for three months from the date of any removal or cancellation of an agents membership; so maybe worth contacting them.

[ericsbrother]

are they members of an a trade association like ARLA? If so a complaint there as well. If not, they could just disappear without trace

[raydetinu]

nothing on their website! Distinctly dodgy!

This could be the owner or director;

Domain name:

mandwresidentiallettings.co.uk

 

Registrant:

Lucy Sly

 

Registrant type:

Unknown

 

Registrant's address:

[removed]

 

 

Executive

MR JON CLEMENTS was Lucy Sly.

only 3 registerd employees.

 

 

registered address

36 COMMERCIAL ROAD, PADDOCK WOOD

TONBRIDGE

KENT

TN12 6EL

Edited August 30, 2014 by ims21

[agencynightmare]

My partner and I had to move into rented accomodation after being flooded on christmas eve. M&W found us a flat and said they could arrange a 6 month AST. They charged us £500 plus vat in fees, and took a deposit of £2285, which all seemed reasonable and above board.

 

It later transpired that the flat was a holiday let, there was no AST, they had just booked us in for 4 months. The landlord knew nothing about the deposit (their standard deposit was only £200), and M&W were taking more than the agreed amount from each months rent, leading to the landlord trying to evict us. After talking directly to the landlord (who was fantasticly helpful and understanding) it turned out that M&W had been lying to both parties, and blaming both for the whole situation.

 

The landlord requested that M&W return our deposit, as did we, but M&W refused, and then stopped responding altogether - not answering the phone, refusing delivery of recorded post. Now we find out that they've lost/cancelled their membership of mydeposits! I guess our only recourse now is the small claims court.

 

Bentilly, please go to Action Fraud, phone 0300 123 2040. They are collecting this type of information. Good luck.

[agencynightmare]

They are not regulated. Unfortunately, all of us in this situation were caught on the hop due to the flooding in the area. So none of us, either owners of properties standing empty who were suddenly offered homeless tenants, or homeless people, did our correct checks and due dilligence.

[Javert]

With reference to the reported owner and questions of membership / association - Apparently she may have passed an exam a few years back but is not a registered member of the Association so any claims to that effect would be false

Edited August 25, 2014 by Javert
wanted to include the original quote