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

[raydetinu]

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

[raydetinu]

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

[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.

[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.

[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?

[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.

[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

[raydetinu]

Bringing St Leonard's into the 21st century one house at a time

Location St Leonards, East Sussex, United Kingdom (Tonbridge, United Kingdom) Industry Real Estate Jon Clements's Overview

 

Current

• Director at M&W Sales and Lettings ltd
  

Past

• Physical commodity Trading 07930 460338 at Arlington Commodities Ltd
  
• Sales Trader European Equities. at BTIG
  
• VP and Senior Trader, European Equity Trading at AllianceBernstein
  

 

• European Equity trader at Credit Suisse
  

see less

 

see all

Education

• University of Brighton
  

M & W lettings has only been in existence since May 2013

JC and LS are the sole directors.

Edited August 30, 2014 by ims21

[raydetinu]

The clues in the name Sly ( by nature )!!!!

[raydetinu]

IIRC the turnover has to be more than £100k/year to be registered or liable for VAT.

Anyway that really is not the issue; Trading standards and Police should be informed of their fraud and business activities.

Also all the properties they deal with must have an EPC to go with them and that is also regulated by Trading Standards.

[raydetinu]

Perhaps you should get DOM to look into this? or watchdog etc.

worth a call maybe.

[raydetinu]

don't get done get DOM tv prog!

Dominic Little.

[raydetinu]

Quite a saga.

Just shows you cant trust anyone, well agents anyway! you have to check and check again before handing any money over.

Good luck everyone; they need to be stopped before anymore are duped!

Hope someone has informed the Landlordzone site. Many interested parties there I bet.

[raydetinu]

Correct any monies returned must be the full price you paid including the VAT element ( it is up to them to claim it back if they have actually paid it to HMRC ).

Faulty goods for instance, you would not accept 20% less than what you actually paid and they would not of actually paid the vat amount to HMRC anyway!

[raydetinu]

My deposits are duty bound to confirm to you or the tenant that their deposit is protected! but not whether MW are registered.

As I said in an insurance scheme the deposit is still covered for three months after the date of membership cancellation to give time for it to be reinsured.

Your only option if it is not insured is to return the deposit to the tenant. ( this would keep your tenant happy I am sure ). You can instruct MW to return deposit to tenant or ask for proof it is insured.

If MW are not insuring deposits or other irregularities then cancel your agreement with them and deal with tenant direct.

[raydetinu]

correct LL ultimately responsible, so scheme will chase/sue LL for any payments they make to tenant under the scheme.

[raydetinu]

And look what happened to MM!!

[raydetinu]

somebody has got their moral compass the wrong way round!

As far as I am aware MM did not try to rip anybody off! This not about behaviour, its about the law and legality.

so lets not get side tracked here.

[raydetinu]

I am afraid they will hide behind confidentiality or data protection etc. regarding cancellation.

Only action against agent will be through the courts, unless they go bust, but could possibly chase the individuals.

[raydetinu]

yes; the matters are unrelated.

however you can do nothing regarding the deposit except sue the LL if not protected or for it to be refunded ( you have no contract with the Agent ).

[raydetinu]

This is NOT a Social Media site, and as such we are here to help people with problems and advise where we can.

Any response should be helpful to the OP and try and resolve any problems in a positive way.

If as in this case, MW can answer the questions/accusations with some sort of proof or action then that would be helpful to all.

A lot of tenants and indeed LL are concerned that lawful requirements/procedures have not been followed.

I suggest that it would be easy to provide proof of deposit protection or just return the deposits to the tenants.

That may dis-suede some tenants from taking further action against LL?

[raydetinu]

At the end of the day; there is no regulation of Agents, however they can belong to some registered schemes and can take out PI insurance to cover some aspects.

So it is up to the LL to check the soundness of their agents and be satisfied all is well, and as said check the contracts.

If Deposits are not protected as required by the regulations - Tenants can sue LL's and I would imagine if LL has given this responsibility to their Agents? then they can sue the Agent for negligence, duty of care, breach of contract. ( this is where the Agent disappears! ).

[raydetinu]

Any movement or action on this?

[raydetinu]

They really cant blame anybody but themselves for the consequences of their actions.

Glad to see you got the deposits back.

 

 

There is a case in Camborne at the moment where an EA kept deposits and did not protect them; the Police prosecuted him for fraud and he got 21 months ( Tim Glasson ).

http://www.westbriton.co.uk/Dodgy-Camborne-estate-agent-Tim-Glasson-jailed/story-23177509-detail/story.html

 

 

Perhaps the Police should be taking action in this case!

[raydetinu]

Hi,

I think it was just a straight forward case of Fraud and theft of deposit and rent monies. ( i.e. money given to him for those purposes he spent on other things ).

Judge should not have let children be present in court unless they were relevant; witnesses etc. Mother should have known better as well!