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View Full Version : moving out, deposit, problems with LA/LL



debra2009
14-10-2009, 15:47 PM
Okay so I moved in earlier this year and paid the deposit & frst months rent to the LA. 1 month on and I receive a call from the LL saying that the LA hasn't passed on any money and they want me to deal direct. Fine I thought, the LA didn't seemed bothered that I wasn't dealing with them any longer. The LA is/was horrible to contact and wouldn't reply to calls or emails.

The LL mean while stated that he wanted a new deposit from me after 6 months and to sign a new agreement. I couldn't afford this & tried hard to find the money. From looking online I found that my current contract was still valid and there was no need for me to do anything.

Last week I received a bailiffs letter addressed to the LL and everyone I asked said it was probably best if I moved on.

I am moving into a friends house at the end of November. I have no address of the LL just an email and mobile number so I sent them an email asking for his address so I could serve notice and that I would require the return of the deposit. At the same time I decided to contact the LA & see if they would reply. They did, giving me the LL's address and saying that they hold my deposit. That got me thinking :mad:
I also received a reply from the LL

I am absolutely devastated that you would do this to us after all we have done for you.
Allowing you to stay in the flat without a deposit. I thought we could trust you.


I think you'll find that it was you who paid the deposit and was given a receipt?
We were not a part of that transaction so therefore would not have means to recover the funds.
Also as you fully well know, the company is untouchable and therefore we are left in the lurch.

How much notice are you planning on serving?

Am I to assume you will not be paying this months rent?

What should I be doing? Can anyone point me in the direction of documents I can send to my LL? I don't care about the deposit not being protected, I'm leaving anyways.

justaboutsane
14-10-2009, 16:27 PM
You could withhold the last months rent as you know you will not be getting it back, unless you take it to court.

The LL is very wrong in many of his comments. The contract is between you and him and not the agent. The agent was employed by him to find you and was therefore a middle man only. if Agent has done a runner with money it is the LL problem and not yours. If you have it in writing that the deposit was handed over to the LL then even better for you if you do take it to court.

His comments about letting him down are Bull! You are giving notice and have nothing to feel guilty for.

I would write to the LL and tell him that you will be issuing 1 months notice to leave and you expect your deposit back in full. State that the deposit is between you and him and if you do not get your deposit back you will be taking him to court.

westminster
14-10-2009, 17:01 PM
The LL mean while stated that he wanted a new deposit from me after 6 months and to sign a new agreement. I couldn't afford this & tried hard to find the money. From looking online I found that my current contract was still valid and there was no need for me to do anything.
I assume you mean that the six month fixed term expired and you're now on a periodic tenancy? As you discovered, you don't need to sign a new agreement. And you do not have to pay another deposit. That's complete nonsense.


I am moving into a friends house at the end of November. I have no address of the LL just an email and mobile number so I sent them an email asking for his address so I could serve notice and that I would require the return of the deposit. At the same time I decided to contact the LA & see if they would reply. They did, giving me the LL's address and saying that they hold my deposit. That got me thinking :mad:
Well, at least the deposit hasn't simply disappeared. It's just possible they did protect it but failed to provide you with details. ASK THEM!

Judging by the LL's complete ignorance of the law (and general weirdo-ness) I wonder if his claim that the agent hadn't "passed on any money" is the real story. What may have happened is the LL didn't understand that the agent would deduct their fees from the first month's rent (possibly meaning no money was due to the LL), and put the deposit in their client bank account (not unusual when the agent is registered with an insurance based scheme).

N.B. LL is legally obliged to provide an address for serving notices; no rent is due until he does (but you have to pay all arrears once it is provided). Was there nothing in the tenancy agreement? That's the usual way of providing the address for serving notices.


I also received a reply from the LL
I am absolutely devastated that you would do this to us after all we have done for you.
Allowing you to stay in the flat without a deposit. I thought we could trust you.
I think you'll find that it was you who paid the deposit and was given a receipt?
We were not a part of that transaction so therefore would not have means to recover the funds.
Also as you fully well know, the company is untouchable and therefore we are left in the lurch.

How much notice are you planning on serving?

Am I to assume you will not be paying this months rent?
More complete nonsense. "Devastated" that a T is moving out?! And LL could sue the agent if he owes him money.


What should I be doing? Can anyone point me in the direction of documents I can send to my LL? I don't care about the deposit not being protected, I'm leaving anyways.
Make sure you have served the proper notice. You have to give at least one month (if you pay rent monthly), in writing, and it must expire at the end of a rental period. The rental periods run from the day after the fixed term expired, e.g. if your fixed term expired on 20th July, then the rental periods run 21st - 20th of the month, so your notice would have to end on the 20th of the month. Send the notice with proof of postage and keep a copy.

There is absolutely nothing else you have to send to the LL.

If LL fails to return the deposit (sounds very likely) then send a letter giving a deadline, then issue a claim against the LL using Money Claim Online. You don't sue the agent, as the agent was acting on behalf of the LL. All you need is a receipt for the deposit, a copy of the tenancy agreement, and proof you gave correct notice to leave, and you'll win the claim.

Or, you could just do as previous poster suggests, and withhold the last month's rent - though I don't generally recommend this as firstly you risk a bad reference (maybe doesn't matter in the circumstances...), and secondly it's a breach of your contract. Find out the situation from the agent first before even considering this.

Mrs Jones
14-10-2009, 21:39 PM
Surely LA has told T that they hold T's deposit. Why cannot T claim deposit from LA? Save a lot of bother!