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View Full Version : Letting Agents withheld L's name/address beyond 21 days



harrylime
30-01-2010, 19:44 PM
Hello,

First time on the forum. I am looking for some advice on my options after my estate agents failed to provide me with my landlord's name and address well after the 21 day legal requirement.

Once I challenged them on this they reluctantly passed on the details via e-mail, however I believe the address is actually fake.

Please advise on my options with regards to possibly suing them - I have never done anything like this before, so I don't know where to begin or how much it would cost, or if it is a cut and dry case.

Any help would be greatly received.

Thanks so much,

Jim

Lawcruncher
30-01-2010, 20:37 PM
Do you know the address is fake?

Have you suffered any loss by reason of the agent's default? If not, you have nothing to sue for.

Failure to supply an address is though a criminal offence. If it has actually been supplied I cannot imagine that the powers that be will be interested.

westminster
30-01-2010, 20:44 PM
Hello,

First time on the forum. I am looking for some advice on my options after my estate agents failed to provide me with my landlord's name and address well after the 21 day legal requirement.

Once I challenged them on this they reluctantly passed on the details via e-mail, however I believe the address is actually fake.
Have you tried writing to the landlord or checked the land registry online?


Please advise on my options with regards to possibly suing them - I have never done anything like this before, so I don't know where to begin or how much it would cost, or if it is a cut and dry case.

If you mean bring a civil claim against the agent under s.1 Landlord & Tenant Act 1985, then forget it, unless you have suffered a significant loss as a result of being provided with a false name/address (which is unlikely) and can provide evidence to support your claim. No actual loss, no compensation.

If you have evidence that the landlord's name/address provided is fake such as a letter to him returned to you marked 'not known at this address', then report to the police. The maximum fine for failing to comply with s.1 is £2,500.

harrylime
30-01-2010, 21:16 PM
I haven't checked the land registry online as I have a sneaking suspicion that the landlord's name will be linked to the house that I rented. I believe that's a loophole that some landlords use to cover their own backs and keep amininity.

I am about 90% sure the address is fake - I will however attempt to write a letter on Monday and see if it reaches him.

I asked for the landlord's name and address as I am in dispute of the tenancy deposit and I wish to negotiate directly with the landlord instead over the agent, as the agent I believe is not passing on my messages to the landlord.

There's a lot more to the story too. The estate agents are attempting to take money from me for damage to the property that I am convinced has not been caused, so I wish to bring this up directly with the landlord.

Even though it's not really any of my concern now that I'm about to end my tenancy but I also believe the estate agents have failed to pass on a "schedule of works" deemed by the council upon a visited I requested to repair the property so it met fire and safety regulations.

I believe the agent has simply put that letter in the trash, and I don't believe the council ever e-mailed it to the landlord, as would be the practice I believe at other districts.

I honestly believe the landlord has never seen this and I am desperate to get the document to him.

I'm not really looking for any compensation, I just want the agent to be punished for their continous breakings of the law (5 or 6 since I rented the property).

westminster
30-01-2010, 21:27 PM
I asked for the landlord's name and address as I am in dispute of the tenancy deposit and I wish to negotiate directly with the landlord instead over the agent, as the agent I believe is not passing on my messages to the landlord.

There's a lot more to the story too. The estate agents are attempting to take money from me for damage to the property that I am convinced has not been caused, so I wish to bring this up directly with the landlord.
I understand your concerns, and as a LL I would want to know if my agent was not contacting me regarding such issues, but remember the agent acts on behalf of the landlord, and also that the dispute can ultimately be resolved either via deposit scheme adjudication or the courts.

The deposit is your money unless the LL can prove he is entitled to make deductions - i.e. he will need evidence of the original condition of the property, usually in the form of a check-in inventory, as well as evidence of damage/cost of deductions.

Butterfly3
31-01-2010, 21:27 PM
Is lLL entitled to deduct rent arrears from deposit?

PaulF
31-01-2010, 21:50 PM
Is lLL entitled to deduct rent arrears from deposit?
Why ask this question here and then post it on another thread?

Always Problems
01-02-2010, 05:44 AM
If its over the return of a deposit, if you paid it to an agent, that's who you should go for, In order to force the issue I would write to the agents saying that unless you receive your deposit back within 7 days you will go to the local "Small Claims Court" and start proceedings for the return of your deposit, together with interest backdated to when you were originally asked for it back, plus costs. And unless the law has changed business which take deposits used to have a licence to take deposits from the Office of Trading Standards, I would make a complaint to them as to refuse to return money which you are entitled to could be a trading standard offence. Anyway faced with court action it will certainly clarify their mind into action. Best of luck. PS If you go to court consult a solicitor, Which magazine did a good book on taking people to court.