Letting agency playin up???

[mack187]

Hello

 

Im looking to get some advice as to whether my former letting agency are acting entirely within the law by witholding my deposit for 5 months......

 

Last year I signed a joint tenancy with 4 "Friends" at university for a nine month contract, one of us was put down as house manager and we decided he would be in charge of bills, due to various disagreements I left the house two months early bu still paid my full rent a expected to get my deposit back, 5 months later I am still waiting.....

 

When I went back to the house two days before the tenancy was due to run out everyone else has moved out and left the place a truly disgusting mess, wanting to make sure I got my deposit back I spent 5 hours cleaning it up, but now I am told by the letting agency I cant have my deposit back until they have got proof final utily bills have been paid, can they really do this??

 

I have tried to contact the person who was dealing with the bills but with no luck, they also claim they have tried to contact him, but Im not sure I believe them, they have been witholding £350 from me since May and I really need and think I am owed it back, I know new tenants have moved into the house and I myself have tried all I can to get this sorted out, It seems they are quite happy to keep my money.....FRANKLY IM FED UP...and feel its time to get slightly more serious with them....If anybody has any advice about what I can do I would greatly appreciate your input, I dont think my ex-housemates and the letting agency should be allowed to get away with this.

 

Very best wishes

 

 

Tristan

[mack187]

Sorry to bump the post...but Im going to see the letting agency in person tommorrow and could do with being armed with some information.

 

Thanks

[Jhawc24]

They cannot withhold your deposit on the grounds that they have not received copies of the final utility bills. This would not stand as an excuse should you take them to court. If utility bills have not been paid then it is down to whoever was living in the property at the time to pay them. No-one else, inlcuding the landlord or letting agents cannot be forced to pay them by the utility companies.

 

Give them a prelim letter giving them 14 days to return your deposit. If any other deductions have been made from your deposit then you are entitled to copies of the invoices. If you do not get a response then give them a 14 LBA letter. Please note that the landlord is the one who is responsible to return your deposit, he is the one you take to court. So make sure he gets copies of the letters, make sure you have the letters signed for, to prove you have sent them.

 

Good luck Joan.

[mack187]

Thank you for your reply Joan, very helpful

 

The agency have come back with the fact that I signed a contract with this in it, saying they could withold the deposit for this reason.

 

Does this now make my argument invalid, it seems unfair that they can put this in the contract, Please could someone advise if this now gives them the right to withhold the deposit on these grounds.

 

 

Again any advice is greatly appreciated

 

Regards

 

Tristan

[Jhawc24]

Hi Tristan,

Sorry for lack of response been working 12hours shifts !

 

You are quite right it is an unfair term you can contact OFT here: Office of Fair Trading - Unfair terms in contracts for some advice.

 

Also you can get in touch with Shelter: Advice and support it's a very good website.

 

Keep with your timelines, follow up your prelim letter with a LBA letter. They have to show that not having the final utility bills has cost them the amount of your deposit that they are withholding.

 

I would also check to see if your letting agents is a member of a self regulating body such as Arla. You may also be able to complain to them. Send the agents a copy of any correspondence you make, it may be enough to make them hand over YOUR money.

 

Good Luck, Joan.

[mack187]

Thanks Joan

 

Just a quick update-

 

I have phoned & written to the OFT, Shelter,Consumer Direct, and both the Universities which the letting agency is affiliated with. I have sent a copy of all these letters along with a preliminary letter to the letting agency, hopefully this might be enough to force their hand.

[mack187]

Update-

 

 

"Folded like a pack of cards"

 

Literally 5 minutes after I sent a fax detailing my actions they were on the phone saying my deposit would be with me within 5 days

 

The usual waffle of they were still confident they were in the right but have time to go to court.

 

All irelevant really

 

I Won!!!!

Thanks for all the help!

[demon_x_slash]

Don't count your chickens - wait until you are actually credited with the cash. Then break open the champagne

[Jhawc24]

Well done - hope you get your money back soon.

 

Regards, Joan

[mack187]

Suprise, Surprise

 

They are playing up again

 

They now say they have to take most of my deposit due to bounced direct debits, they have charged me £30 a time for these.

 

 

No way I am letting this go now.

 

Should I continue with my time schedule and take them on?

 

Cheers

 

Tristan

[demon_x_slash]

ABSOLUTE RUBBISH - carry on...actual costs incurred, etc... the bar-stewards.

[Jhawc24]

Funny how it has taken them since May to decide to charge £30 for every DD that bounced. They do have to show that actual costs have been incurred. So keep up the fight. Have they split these costs between all of your housemates? or are you the only one requesting return of deposit?

 

The landlord may be able to show that it has cost him for the rent being late i.e. a dd he was due to pay may have bounced, so bear this in mind.

 

However since it has taken them all this time I think it will go in your favour. Absolutely stick to your timelines your initial request was for the full return of your deposit.

 

Good luck, Joan

[mack187]

Hi

 

Thanks for the replies

 

Joan, I don't think it will have caused them any cost as it was the letting agencies account, they are the landlord in this case.

 

As far as I know I am the only one claiming my deposit back at this point, I have e-mails from them stating they would return my deposit and now they are trying to go back on their word.

 

Im quietly confident

[mack187]

They have ignored my preliminary letter giving them 14 days, they appear to be digging their heels in now after promising to return my deposit.

 

I am going to write the letter before action letter now, but before I do I wanted to ask for any advice you may have of things to include in this letter, Law & case history etc....

 

 

Any help is greatly received

 

Best wishes

[blacksheep1979]

wouldn't overcomplicate it - just stick to the facts ie what you want back, why you should have it back, how long you are going to give them and what will happen if they don't give the money back. Also point out that you will proceed with legal action without further warning.

[JonCris]

Also you don't need to quote case law.

 

They are holding your money without just cause & you want it back (with interest)........now!

[mack187]

The letting agency are also insisting that they are the landlord although Im not 100% sure on this and despite me requesting it 3 times they have failed to send me a copy of the original tenancy agreement.

 

Can I request this under the data protection act and do I need to pay for it??

[damiencannell]

Hi Tristan

 

You are entitled to a copy of your agreement. If they want payment for the photocopy the they are stingy gits. Make sure all correspondence is done in writing if you are requesting anything.

 

Was the agency affilliated to your university and if so which University? If not what was the name of the agents? If you could let me have that info and i should be able to help you a bit more.

 

D

[mack187]

Hi

 

Many thanks for your reply.

 

I think they have an affiliation with one or both of the Leeds Universities, but am not sure on this.

 

The name of the Letting agency is Aston Properties, Ash Road, Leeds

 

They have got back to me today saying they need to speak to the landlord, I wrote back asking just who the hell had my deposit as previously they had told me it was them, I have requested the landlords details so I can tell them what I think of the lettings agencies conduct

 

 

Any help would be greatly appreciated

 

Cheers

 

Tristan

[JonCris]

If they are linkde to the university they have a duty to sort this out for you. Also they won't like whats going on or at least they shouldn't. For a fee of £2.50 you will be able to find out who the freeholder is via the Land Registry Website.

 

Also they can't ignore a SAR otherwise they can be taken to court & may risk prison

[mack187]

Thanks for the advice, this is what I got from the Land registry website:-

 

The letting agency are listed as the registered owners?? So surely this would make them the Landlords as well, Im sure they are just blatantly lying to buy time, Not gonna happen!

[JonCris]

As they are registered they ARE the legal owners.

[mack187]

They are still stalling, they now have until boxing day to avoid legal action.

 

But I just wanted to fill you all in on their latest actions of abusing their own contracts!

 

Previously due to financial difficulites I was told my deposit would not be able to be used as final rent because it was in the contract- and it would be a breach- Fair enough!

 

We agreed a reduced final rent payment and that was the end of it, until I tried to claim back my deposit of course- because now they are saying they will have to take the excess rent ( which I have a signed written agreement saying I don't have to pay ) from my deposit...What the Hell?? Surely this then breaches their own contract? Not to mention trying to go back on a signed agreement, it seems they will only enforce their contracts when it is of benefit to them, if the contract states that the deposit can't be used as rent then that must be the case?

[mack187]

UNBELIEVABLE!!!!!!

 

 

The letting agency are now threatening to take ME to court, saying that by calling in to question their integrity I could be damaging their reputation- Surely as a consumer I have the right to complain when Im being treated like dirt by a company I thought I could trust with MY money!

 

They have also said they will defend any claim made by me and will have to employ a law firm which will end up costing me thousands, it seems these bullys are trying to scare me off

 

 

Any thoughts????

[becka]

They are definitely trying to scare you. Don't let them! As far as I'm aware if you sue them you wouldn't be liable for their solicitors fees (but I may be wrong ... so don't take it as Gospel)

 

Don't let them bully you ... issue for your money - let the judge decide who's right and who's wrong!