Letting Agents have not returned rent deposit

[Jamako]

Hello

I am new to this but have viewed threads on similar issues to this.

Thanks to those of you have previously said that I should not waste my money suing the letting agents. Had I read this a week ago it would ahve saved me £80.

The situation is that my landlord has claimed (via the letting agents) that the flat needed to be cleaned by a professional cleaning company after I vacated it and this included the carpets etc. They also claimed that the oven extractor fan was broken. Firstly, there were no carpets in the flat and secondly the flat was extremely clean when I left (far cleaner than when I moved in!). The extractor did not work for some time but I would think that unless they are suggesting I damaged it, this would be down to wear and tear?

I asked the agents for copies of receipts for teh cleaning over one month agao and they said in an email that they would ask the landlord for these and if they could not be provided they would have no reason to withhold the deposit and it would be returned. Since then they have stopped responding to emails, do not return my calls and got me so mad that I started a small claim against them. I now understand that this was the wrong thing to do as I cannot win but wondered if people had any further advice to give.Also, if they do not respond to the claim and I then ask for legal judgement to be passed where would I stand? Could I call in the bailiffs or would this get me in a legal quagmire? I have also asked them for the name and address of my landlord as this was not included in the rental agreement.

Any tips would be greatly received. Particularly as I am now concerned that the letting agents will charge me for any defence they need to put up against the initial claim I brought against them. Thanks for reading this. I really appreciate it.

[caro]

I don't know enough about this to help much, and have no idea why you can't make a small claim. However if your agent is a member of ARLA or the NAEA you could contact either of those bodies for Compliance Departments for advice.

 

Contact Details for ARLA

 

Contact Us - NAEA The National Association of Estate Agents

 

I've moved your thread to the Landlords and Tenants forum where you might get more knowledgeable advice.

[MrShed]

Cancel your small claims claim, and reissue it against the landlord. Without receipts, it should be an easy win. Was there a fully detailed inventory signed by yourself upon moving into the property?

[Jamako]

Thanks Caro and Mr Shed. Situation at the moment is that the Letting Agents are refusing to give me the address of the Landlord. I did a search via the Land Registry and the address provided there is the flat I was renting! Also, on the Lease his home address is not given - his contact is c/o of the agents. I am still friendly with the Manager of the building where I was renting the flat and I now have the landlords email and mobile but still no address. I also found out that he has done this on many other occasions. Thanks for your help though and I will let you know what hapens. Seeing CAB next week so hopefully they can persuade the agents to give me his address. Here's hoping....

[MrShed]

Note that the agents have no legal obligation to give you the address - however, they can provide it should they choose, it is allowable under data protection to provide it for legal purposes. I think(although I would check) that you can serve notice CARE OF the agent to the landlord.

[rogerebaker]

Jamako

 

If you look at the ARLA website it states that Letting agents have a legal responsibility to provide the name and address of the landlord to the tennant within 21 days of the request.

 

Im just quoting the website and no little else about these sort of things

[Joa]

Jamako

 

If you look at the ARLA website it states that Letting agents have a legal responsibility to provide the name and address of the landlord to the tennant within 21 days of the request.

 

 

Not when the contract expired.

 

.. did a search via the Land Registry and the address provided there is the flat I was renting!

-serve it to this address then! Make sure you send a copy to the letting agents, therefore ensuring that you made every effort to notify the l/lord.

[MrShed]

Not when the contract expired.

 

 

Precisely

[mancpete66]

the letting agents are reqiured by law to give the name and address of the landlord to you upon request, failure will result in a fine imposed on them also they are reqiured after you send a letter requesting return of your deposit to comply failure to comply will result in you being allowed by law to request your deposit returned and also compensation equal to 3 times the deposit has to be paid to you as well, failure by them to adhere to the request will find them fined . i know this because i have succesfully sued my letting agent for the same thing.

[mariner51]

"the letting agents are reqiured by law to give the name and address of the landlord to you upon request, failure will result in a fine imposed on them also they are reqiured after you send a letter requesting return of your deposit to comply failure to comply will result in you being allowed by law to request your deposit returned and also compensation equal to 3 times the deposit has to be paid to you as well, failure by them to adhere to the request will find them fined . i know this because i have succesfully sued my letting agent for the same thing."

Utter bowlocks. The T has ended. Also LL has no duty to provide receipts for damage repair or cleaning, Indeed no obligation to undertake at all. He does need to provide personal estimate, supported by move in/out inspection reports. DPS ADR will determine if estimated cost is reasonable.

There is no requirement that LLs private address is provided in AST only an address 'on which Notices may be served' eg LA.

There is a legal requirement on LA to provide LLs address within 21 days if served with a written request by T, but in this case the T has ceased (before the request?) so LL & T terms no longer apply and DPA is engaged.

 

 

[Ed999]

Are we all aware that this thread has been inactive since 2007?

 

The tenant's difficulties were presumably resolved - or not - long ago.