Martin & Co not returning tenant's money owed

[meadowside2002]

I moved out of a rental flat in Dundee on 4th December 2014. I needed to move out before the contract term was over, so found a new tenant who wanted to take over the remainder of my contact. I moved out on 4th December 2014, and the new tenant signed the contract with the letting agent and and paid them for the flat from 5th December 2014 onwards.

 

The letting agency (Martin and Co, Dundee) told me to pay for the whole of December as normal (£400 per month), and as soon as the new tenant signed and paid, they would refund me the proportion of the month after I had moved out.

 

So I paid the full December's rent of £400 on 1st December. The next tenant took over the contract also paid £400 on 5th December. I was then owed £348.39 for the balance of December (5th-31st December) when the new tenant took over the contract and paid for it - Martin and Co acknowledged would be returned to me.

 

I received my deposit back within 2 weeks less an 'administration' fee for ending the contract early. However I am still waiting and waiting for the outstanding £348.39. I sent numerous emails in December chasing up this outstanding money, and numerous phone calls in January. Each time I was told that the payment would be made soon, or it had already been made, and to expect a call telling me what was going on, and each time I ended up calling back several days later because nobody ever did call me back.

 

Finally I was told (having had to call yet again) it would definitely be with me within 3 days of 5th February 2015. However, I have still not received the repayment. I have complained by email and in writing and am not getting any acknowledgement or response from Martin and Co.

 

I have been out of pocket for over 2 and 1/2 months now. I feel like nobody will take responsibility for it and they're just ignoring me until I give up and lose my money.

 

Any advice of what I can do and what my rights are in these circumstances gratefully received!

Cheers!

David

[Steve__M]

Their website says:

 

Who can help me if I have problems with my local Martin & Co office?

 

If you have a complaint about the service that you have received from a Martin & Co local office you should put your concerns in writing to the Martin & Co office concerned. The correspondence will be acknowledged within 3 working days. The matter will then be investigated and a full response sent to you within 15 working days. If you feel the matter remains unresolved you need to address your complaint to the proprietor at the relevant Martin & Co office, marked for the attention of the proprietor, who will conduct an investigation and will give a final viewpoint. In the unlikely event that you remain dissatisfied then you may refer the matter to the Property Ombudsman at the following address:

The Property Ombudsman

Milford House

43-55 Milford Street

Salisbury

Wiltshire

SP1 2BP

[meadowside2002]

Thanks - no response to a written complaint after 8 working days...

 

Will call them again for last try but after that guess I'll try the Ombudsman.

 

Thanks for your help

[Steve__M]

Let us know how you get on.

[meadowside2002]

So after a load more phone calls they've just returned £225 - the transactions description says 'Deposit Refund' despite the fact that I got my deposit back in December, and the amount I'm owed is £348.39. So I'm still out £123.39.

 

Will call yet again tomorrow and have written up a final complaint letter that I'll deliver tomorrow if they won't resolve it. Basically I've broken down what I'm still owed and everything that's not been done properly by Martin & Co, and that I'll go to court to recover the remaining outstanding money if its not resolved by 27th March (15 working days as per their complaints procedure).

 

Absolutely shocking company to deal with - despite the fact they've owed me money for over 3 months, nobody has replied to an email or phone call since 22nd December...