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

[agencynightmare]

Thank you. I did suspect as much but wasn't actually 100% sure.

[agencynightmare]

Sorry, didn't think above had posted.

Edited August 28, 2014 by Reluctant Landlord
Duplication

[paddockwoodlandlord]

she definitely has at least one active VAT registration I think on M&W Property Consultants (if someone would like to confirm) VAT number GB161513731. Not sure what this means if she is trading in other names though? thought anyone..!!

 

I've seen one or two detailed explanations of what she has done to people but would be good to collate them all together for anyone who is reading this and I can see that there are more than 15 non registered members looking at it so please feel free to get involved and register to post your comments too.

 

There are so many people hopefully looking at this now that someone surely must fully investigate this and all the other "issues" involved here.

 

According to an earlier post I read here someone is suggesting that there might have been other historical court cases so if anyone is familiar with this it would be good to get the details recorded also as it will surely provide additional impetus to get action taken.

 

The old adage no smoke without fire and it would appear the smoke is getting thicker by the day

 

Hi, I own a property let through M&W. I have had my concerns for a while but Lucy gave me a good "story" when I went in to see her a few months back. I had been receiving invoices/statements at varying times and they often had different formats. She convinced me everything would be sorted and not to worry.

Since then, i too (and my tenant) have received letters from My Deposits saying that M&W had cancelled their membership. I rang M&W and spoke to a staff member, (not LS or JC), she assured me it was a mistake due to changing bank details and My Deposits would confirm this in writing. They haven't.

I rang My Deposits last week to ask them to confirm but they could not give me any information due to customer confidentiality. Obviously I am very worried as I have a lovely tenant in the property and I am liable for over £1000 of deposit. I then emailed M&W staff member (LP) and she told me the deposit was protected until 25th October.

 

Since being alerted to this forum this evening, i have checked all my invoices.

 

 

• For 4 months I wasn't charged VAT at all.
  
• The VAT number on all of them is 161513731
  
• I have a funny feeling that the My Deposits certificate (which I discover should have gone to the tenant) never has.
  
• I have just signed a contract to M&W for a continuation of agreement.
  
• my most recent payment from M&W appears to be less than i think it should be.
  
• all my payments to my account turn up about 8 to 10 days after my tenant pays
  

does anyone else find these things have happened to them.

I am VERY keen to get involved. Is there anything i can do? I have a lovely tenant who i don't really want to have to move out but wouldn't that have to happen if i broke the contract? what would breech of contract cost me?

 

 

I was alerted to this forum by a neighbour who rang me with concerns as they had heard things on the grapevine.

[agencynightmare]

Hello, welcome to our sorry group.

 

All of the above happened to us, late rent payment, not quite the right amount of rent, and smoke and mirrors and lies. I can tell you now that there membership with My Deposits was turned down. They have little option now, there is only one option and that is a custodial one, so any new tenants paying deposits on properties would pay it directly to the scheme and a letting agent or landlord never holds it.

 

First thing, get on to Action Fraud. The deposit from your tenant will become unprotected. You are ultimately responsible for the safekeeping of your tenants deposit. They way it is viewed in the eyes of the law as I understand it, is that you (like many of us, not picking on you persay), appointed M&W to act as your agent. So get your concern logged with Action Fraud asap.

 

Get yourself registered with My Deposits, it is about £14 for the membership and then about £25 for each deposit you insure over £500. Better yet, register with https://www.depositprotection.com/ and use their Custodial Service.

 

I'm not sure when you engaged with them, but the contract that we have with them, beginning of this year as others on here had, could probably be shot down in court. They have all these different names, in our contracts, they refer to themselves only as M&W. As far as company's go, this is not them, but another business altogether if you check on Company's House.

 

You've got lovely tenants, agree with them that you'll directly enter into a direct contract. You can get these off the internet or go into one of the Solicitors in PW and it will probably cost you under £200 to get one drawn up.

[paddockwoodlandlord]

Thanks Reluctant Landlord.

If i register with My Deposits , is the plan to get the deposit which M&W hold into hat (should i ever get it back)?

[agencynightmare]

Another thought to paddockwoodlandlord, and I would appreciate some of the experience forum users advice on here.

 

Would I be correct in saying, that on the tenancy agreement, M&W would have stated that the tenants deposit is protected by My Deposits, and now it is not. Could that be seen as breach of contract on the part of M&W?

[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.

[paddockwoodlandlord]

well

i am told it is protected til 25th October. The back details have been changed and the change over will happen in October.

I am thinking.....Why not now?

[paddockwoodlandlord]

My contract says deposit is with My Deposits.

[agencynightmare]

I have spoken to all three of the official deposit schemes. My Deposits, you can register directly as a Landlord. And DPS you can register to use their custodial scheme.

 

As I understand it, if the agent is not protecting deposit, you can set yourself up and then give M&W your membership number and have them transfer it. They would have to have good reason not to do so, which a starting point would be proof of how they will secure it with one of the schemes.

 

I guess, as radetinu says, you could have them return it to the tenant. If you have a good relationship with your tenants, you need to discuss that you will do this but they will then need to lodge the deposit back with you in a scheme you have obtained membership for.

[agencynightmare]

Also, any deposit M&W have taken since 25th July are unsecured. Surely this is a big no no given this is a government incentive and not optional. Any thoughts on where to point this out to?

[agencynightmare]

My contract says deposit is with My Deposits.

 

What date was your tenancy agreement renewed?

[Javert]

@paddockwoodlandlord - I am no expert here but surely the move now is for you to get the deposit paid directly to you by M&W and then you have to take out a contract with MyDeposits? The scheme is only an insurance scheme protecting the Tenant and you are still liable for the deposit so you need to make sure it is under your control and not with an agent. If they were to go bust you would lose that money and while your tenant would claim against the scheme (if covered) the scheme would come after you (not MW) for restitution.

 

@raydetinu - is that correct please?

 

Assuming what I have written is correct, the Landlord needs to be in control and not relying on the agent and must make sure that the money is safe or potentially face the consequences.

[GroanUP]

You should do everything possible to extract the deposit from M&W and terminate the arrangement with them. This should not affect your tenant as there should be a separate Tenancy Agreement between you and the tenant that is independent of your arrangement with M&W. M&W may argue that you cannot break the contract with them but there is a strong possibility that those terms and conditions are invalid for a number of reasons and if the deposit that they are holding becomes unprotected then that may be a fundamental breach of contract and the arrangement with M&W would,if that was the case, come to an end.

 

Even if what I say is right (and it might not be) there remains the problem of M&W actually agreeing to release the deposit.

[raydetinu]

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

[clemo1972]

I thought it was best to tell all of you that we have contact the Police with regards to all your threats and they will be visiting David BJ this afternoon they have taken copies of all your comments and we have given them all your names.

 

Ian VERY UNPROFESSIONAL

 

David BJ I feel extremely sorry for you, your life must be so boring to make me such a large part of your life and in the words of Marylin Munroe

 

'IF I'D OBSERVED ALL THE RULES I'D NEVER GOTTEN ANYWHERE. SO WHEN IT COMES DOWN TO IT I LET THEM THINK WHAT THEY WANT. IF THEY CARE ENOUGH TO BOTHER WITH WHAT I DO THEM I AM ALREADY BETTER THAN THEM. AFTER ALL WELL-BEHAVED WOMEN BARELY MAKE HISTORY!

 

'SUCCESS MAKES SO MANY PEOPLE HATE YOU. I WISH IT WASN'T THAT WAY. IT WOULD BE WONDERFUL TO ENJOY SUCCESS WITHOUT SEEING ENVY IN THE EYE OF THOSE AROUND YOU'

 

If you have something to say stop hiding behind this web-site and face me.

Edited August 29, 2014 by honeybee13

[clemo1972]

For your information the deposit has been returned already to the tenant

[clemo1972]

@paddockwoodlandlord - i am no expert here but surely the move now is for you to get the deposit paid directly to you by m&w and then you have to take out a contract with mydeposits? The scheme is only an insurance scheme protecting the tenant and you are still liable for the deposit so you need to make sure it is under your control and not with an agent. If they were to go bust you would lose that money and while your tenant would claim against the scheme (if covered) the scheme would come after you (not mw) for restitution.

 

@raydetinu - is that correct please?

 

Assuming what i have written is correct, the landlord needs to be in control and not relying on the agent and must make sure that the money is safe or potentially face the consequences.

 

you seem to have made yourself very busy you clearly are a very sad person. Just to clarify paddock wood landlord has been sent her tenants deposit and if she only had contacted me before writing on this pathetic site things may have not have spiralled as they have with the police now involved!

Edited August 29, 2014 by honeybee13
Name removed.

[raydetinu]

And look what happened to MM!!

[ericsbrother]

clemo 1972, Clearly you are rattled that all of these people have complained about you because you havent obeyed the law designed to protect people from the likes of yourself. Calling the very people you have caused grief names is a bit sad itself, isn't it? As for them geting a life, when are you getting a new career as this one is plainly not for you.

Returned the deposit already? What, a fortnight after they came to this board asking for help as they had been denied what is theirs and after you realised you were in the mire for not doing so? Police involved? It is a civil matter, apart from hints at possible theft, fraud and trading whilst insolvent. I'm sure the statements taken will be most illuminating to the police but not get published here.

[Javert]

@clemo1972 - It seems apparent from your posts that you are the afore mentioned JC and hopefully you are resolving some of these concerns listed on this forum. I think you'll find that with Social media leading the way in many spheres these days that any business which doesn't perform or resolve disputes in a time frame anticipated by its customers leaves itself open to comment of sites such as this.

 

Some of your earlier posts may have been edited and are a little confusing to read given that you refer to Davidgb and also David BJ which may or may not be the same person. Did you also respond in the same way to the posts on here from 2013 by billybobynumeroduo who seemed to have exactly the same problem?

 

Forgetting any personal factors which may be included in some of the historical posts I was wondering if you are in a position to allay peoples fears and to provide an explanation of what happens to the deposits taken to ensure both the tenant and the land lord are protected now and in future. What schemes do you use and where is the money?

[clemo1972]

I am happy to allay any fears there are to anybody who addresses me directly. I'm sorry if i got confused between davebg and davebj. Im not going to address any of the personal victimization here as im not going to sink to the same level as a man who hides behind his wife or a couple and a builder who have nothing better to do. Our business is performing well but when people hide behind social media to make up lies it is very hard to defend ones self as we have seen.

 

Lucky people have seen what has been written on this site and called to support us. They know the people responsible and the full facts, i will let the police continue the investigation via their isp address.

 

Support has been amazing and today we have seen a record take on for sales and lettings for which i am grateful.

[Javert]

Seems a shame you can't state the details here but I guess thats your prerogative - just leaves people to assume the comments about the deposits may well be true. Oh and I note you still got the dig or veiled threat in about the police again despite "not wanting to sink to the same level".. nice

 

Hope the record day continues and that they know their deposits are safe..!!

[clemo1972]

Like i have said for clarification on any point please contact me directly. I am very happy to answer any question as there is absolutely nothing to hide and no problem with any deposits.

 

The question regarding the police is not a dig or a veiled threat because they are involved and are in contact with the ISP providers of the people concerned.

[citizenB]

Like i have said for clarification on any point please contact me directly. I am very happy to answer any question as there is absolutely nothing to hide and no problem with any deposits.

 

The question regarding the police is not a dig or a veiled threat because they are involved and are in contact with the ISP providers of the people concerned.

 

If you know who these people are, as you claim - why would anyone be tracking them via ISP addresses ? And, where have you obtained the ISP addresses from ?