Agent has our deposit and going bust!

[ali123]

Hello

Myself and my flatlate are struggling to get our deposit back and wondered what we should do!?

We rented a high rent property out from the agent, so our deposit was not placed with a 3third party as rent was over 25k a year.

We moved out 2 months ago and have been struggling to get our money back. We call on a daily basis, with ridiculous excuses and promises that the money will be returned to us.

The landlord is also owed 2k, and a quick google shows that there are others in the same situation.

The contract we took out was signed by only us and the landlord, however we gave first months rent and deposit to agent. Is it true that even though we gave the deposit and first months rent to the agent, the onus is on the landlord to return the deposit?

I have a feeling this agency is going bust, and we wont get our money back, so am I right i nthinking we can chase the LL or are we doomed and have we lost our hefty deposit!? Any other advice much appreciated.

Thanks in advance!

[jeffrey]

The Agent is landlord's agent. Actions and omissions of an agent are imputed to the agent's principal (= L).
L is therefore liable to you for repaying your deposit. Legally, you paid it to L, even thought Agent received it on L's behalf.

[ali123]

Thanks for the quick reply!

So if we still dont get the money back, do we have to apply for a CCJ against the LL?

Also it gets even more complicated, as the property is owned by the LL's mother.

Would we need the LL's current address, or would the flat which is getting rented out by others suffice?

Thanks

[jeffrey]

Thanks for the quick reply!

So if we still dont get the money back, do we have to apply for a CCJ against the LL?

Also it gets even more complicated, as the property is owned by the LL's mother.

Would we need the LL's current address, or would the flat which is getting rented out by others suffice?

Thanks
Er, if the mother owns it, it is SHE who is L. You'd sue HER, not her son- who is, at best, merely her representative.

[ali123]

Ok just visited agent in person. He gave me more BS saying he can't issue chque come back next week. It has been 7 weeks and maybe close to 30/40 calls and no where.

Then I got angry and asked if he actually ever plans to return the deposit and if he was a thief, otherwise he should give it to me now.

To which he then switched and said, "right I'm not giving it to you now" - "take me to court, end of. See you in 9 months, my lawyer charges £150/hr, my insurance covers it all anyway - thats why i pay £500 good luck yadda yadda.

The LL has said she has tried to get the agent to give us the money, and no longer wants anything to do with it as its not her problem anymore. She signd the contract with us, even though the property is owned by her mother.


So who do we go after? mother, LL or agent?


Also what evidence should we try and prepare for court. Is it worth recording phone calls ?


Thanks!

[mind the gap]

Ok just visited agent in person. He gave me more BS saying he can't issue chque come back next week. It has been 7 weeks and maybe close to 30/40 calls and no where.

Then I got angry and asked if he actually ever plans to return the deposit and if he was a thief, otherwise he should give it to me now.

To which he then switched and said, "right I'm not giving it to you now" - "take me to court, end of. See you in 9 months, my lawyer charges £150/hr, my insurance covers it all anyway - thats why i pay £500 good luck yadda yadda.

The LL has said she has tried to get the agent to give us the money, and no longer wants anything to do with it as its not her problem anymore. She signd the contract with us, even though the property is owned by her mother.


So who do we go after? mother, LL or agent?


Also what evidence should we try and prepare for court. Is it worth recording phone calls ?


Thanks!

You go after the landlord as it is she who is ultimately responsible for what happens to your deposit, not the agent. Jeffrey has established that the landlord is in fact the mother, so it's the mother you should pursue, whatever she or her son says. As Jeffrey said, your contract is with her, not with the agent. If agent has messed up, that's the LL's problem, not yours and she may have to sue him to retrieve the money.

However, in the meantime, you need to issue an online claim for the full deposit plus cost of claiming. Write to her by registered post and tell her you intend to sue her for the money unless you hear form her within 7 days. Attach a copy of your online claim so she can see you mean business.

If you don't hear anything by your 7 day deadline, press 'send' on your claim.