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

[Javert]

Apologies, I was away for the weekend so had no chance to post.. I came back today to find that the owner of one of the two agencies was on the front page of two Kent regional papers for the wrong reasons this weekend. Anyone want to update me on where we are with all this now - seems to have gone a little quiet..!!

[agencynightmare]

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.

 

Love the analogy, but slightly misquoted. Marilyn was quite the girl!

[Javert]

Well looking at the photo on the front of the papers, there is one similarity - they both have blonde hair.. I fail to see any other relevance to the quote

[agencynightmare]

"IF I'D OBSERVED ALL THE RULES I'D NEVER GOTTEN ANYWHERE. " So win to clemo aka Marilyn.

 

"IF THEY CARE ENOUGH TO BOTHER WITH WHAT I DO THEM I AM ALREADY BETTER THAN THEM" clemo aka Marilyn better than losers on here bothered by what heshe is doing, fact that it's there dosh is not important

 

"AFTER ALL WELL-BEHAVED WOMEN BARELY MAKE HISTORY!" clemo aka Marilyn must want to make history.

 

Geddit now?

[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.

[ims21]

Just for clarity I want to confirm to posters that CAG does not record data about ISPs of contributors/members.

[Javert]

So for clarity then - clemo1972 bully tactics are clearly just that - smoke screen to stop people posting the facts. If they had nothing to hide then they would have no need to resort to these tactics. If you have posted previously and still have an outstanding issue that has not been resolved, please post any questions you continue to have.

 

This site is designed to offer you advice and assistance in seeking a solution to your problem. You post a question and the team of informed advisors will try to suggest ways you can resolve your dispute / claim and the best course of action open to you.

 

If anyone else has been following this and wishes to also ask questions, now is a good time to do it.

 

Good luck

[agencynightmare]

Hello, I've been having issues, then saw the front page of Sevenoaks Chronicle in newsagents. After some googling, found this site. Am gobsmacked at all of this, but kinda relieved because at points have thought I was losing it because have been told lots of lies and walked away from conversations scratching my head wondering what I miessed. So sorry for everyones tales of woe, but thankfully not just me!

 

First point I'd like to clarify, is there anyway to check, if agency isn't teling you, where they are securing deposits? Was advised my My Deposits that they are no longer a member. Not sure what that means regarding the secutiry of the deposit? I've been fobbed off that everything will be fine, but as I understand it, as a landlord i'm responsible?

 

I would really appreciate advise on this.

[stu007]

Hi Corriander Cottage

 

Welcome to CAG

 

The Landlord remain responsible and accountable to the Tenant for the Deposit even if it unprotected.

 

Now reference My Deposits look at there scheme rules (In Landlord Documents click Scheme Rules 8th Edition): http://www.mydeposits.co.uk/landlords/resources-and-guides/documents

 

Look at Section B: Audit, Breach of Contract and Cancellation of Membership read section titled B4 Protection of Deposits following Membership Cancellation

 

Also look at your contract/agreement you have with the Agent

[agencynightmare]

Thank you. I will read through that.

[agencynightmare]

Okay, so:

 

Following the Membership cancellation decision in B2.3, or B3.1 we will give written notices to the

Member’s Tenant or Lead Tenant in a Joint Tenancy Agreement and the Landlord Client(s) in the case of

an Agent Member, informing them that all Deposits will cease to be Protected after Three Months from

the date of the first notice in B2.1, or B3.1, or from the date the Deposit(s) is/are Protected in another

scheme, whichever is the earlier.

 

We are half way through the 3 month period. What guarantee does an agent have to give tenants and landlords of any security as the My Deposit guarantee gets close to expiry?

[agencynightmare]

Also, B2 Breach of Contract and Cancellation of Membership by the Scheme. ther are various reasons for cancellation. does a tenant or landlord, who have money held by the agent, have the right to know why cancellation of membership has been given? can it be right that anyone can take money, lose membership and have no responsibiltiy for what happens next?

[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.

[bentilley]

I was just hoping that someone would be able to clarify something for me: If a letting agent (M&W - specifically LS) had recently been instructed to return a deposit by the LL, but then informed the former tenant (me) that they were going to withhold the deposit because they were taking legal advice about suing for slander, would I be right in thinking that that is illegal?

 

ETA: said letting agent has left an answerphone message stating this!

Edited September 8, 2014 by bentilley
clarifying parties involved

[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 ).

[ericsbrother]

THe agncy is talking utter bull when they say there is a cause for them to withold and they know it.

Have a chat with your ex LL and see if they have anything to say regarding their instruction to M&W. I cannot see this group of companies lasting very long so I would get in there quickly. Your LL, as a business has different rights and methods to recover monies from another business than you do as an individual so it would be worth seeing if it is mutually beneficial.

[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.

 

This is terrible, but not surprising. Really glad I found this forum. Thought I was just living in the twilight zone!

[agencynightmare]

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.

 

Sadly these people just ignore correspondence and as poster has said, refuse to accept signed for mail. The My Deposits insurance protects tenants for 3 months, so around mid October I think, but there is no cover for LL's. LL's have been requesting return of deposits, they are just not returning the money. I doubt the money is there, and certainly doubt that it was set aside in a non interest client account. Is there any mechanism for checking this out does anyone know?

[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!

 

How did you get on with Action Fraud? I see in other posts Trading Standards mentioned. Anyone any experience of doing this and outcome?

[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.

 

Have you had any result on this?

[agencynightmare]

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

 

No, not a member of any regulatory body. If you google Lucy Sly one of the first results that come up are a Linked In profile which states she is ARLA qualified. Checked with ARLA and she is not.

[agencynightmare]

if you do call Action Fraud - please get and post the reference number so all cases can be linked together.

 

@Bentilly, did you go to Action Fraud?

[agencynightmare]

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.

 

But if they charge VAT, they should be VAT registered, right?

[agencynightmare]

don't get done get DOM tv prog!

Dominic Little.

 

Think DOM would have a field day with this lot! Any idea how to get in touch with them?

[agencynightmare]

I see. I've written to my MP about this specific matter and the question of the regulation of letting agents generally and I will first await that response. I'm also going to press mydeposit as they seem to have accepted a deposit from a company that doesn't exist.

 

Any response from MP. There was some talk in parliament about agents being more regulated, especially rental agencies who can just take money off individuals, sometimes as much as or more than a months salary, and there is doodly squat protection over it. The only deposit scheme that seems to have any merit is the custodial scheme offered by only one of the three schemes that are government appointed. There is no protection for landlords who are liable for tenants deposit where the agent turns out to be a dodgy rat.