Letting agent gone AWOL

[Steve_wright_uk]

My letting agent has gone AWOL, in that since my previous problems (see other thread) I haven't spoken to anyone.

It has now been almost a month, I have called every day, one day I even called on the hour every hour as was reccomended. I have also been to their offices where no-one was located. I even went to see the tenants who have been having similar problems.

While I was there it also transpired that the boiler wasn't working and despite numerous messages, the agents hadn't got back to them so I arranged the fixing of it myself (what exactly am I paying the agents for???)

So now I am getting rid of them, and the tennants have agreed to rent directly from myself which is causing one slight problem, whilst it is in their contract that they can cancel at 1 months notice if I agree (which I technically do), how can we ensure that the letter is getting to the agents and how can we get their deposit back of the agents to transfer it to me? any advice greatly appreciated!!!

I wouldn't normally poiint the finger at unscrupulous agents but I will name and shame these if required.

[kimhazzard]

Go on name and shame them:p

[Editor]

Unless you are absolutely certain of your case I suggest you do NOT name and shame them. You could be leaving yourself (and us) open to legal action. Be aware that by using this forum you have agreed to its terms and conditions - you have agreed to pay our costs in defending any such action.

[Steve_wright_uk]

ok, no naming and shaming is going to happen.

Does anyone have any thoughts about what to do though?

[P.Pilcher]

Sounds to me as though your agent has disappeared because he is seriously short of funds - yours and your tenant's. Regrettably I believe that you are liable to refund your tenant's deposit and your only recourse is to trace the agent and take out court action against him - that is if he has any money to pay out what he owes you. At least you will from now on be receiving your rental income gross. Let us hope that this enables you to save back the tenant's deposit before you have to refund it!

P.P.

[Steve_wright_uk]

I have managed to track down the landlords home address and plan to send a stern letter requesting the deposit returned.

If court action is the final course of action, can anyone advice on how to go about this?

[Surrey]

I suspect SWUK meant to say "agent" 2 posts back, and had a slip of the finger when typing. I'm working on the assumption that that's the case. Also I am not legally trained so the rest of this post is based on my personal experience and what I've picked up along the way.

If your agent is a member of ARLA (sounds like they might not be...) you could contact them for suggestions. Should be able to download their guidelines from their website. AFAIK if both the tenant and landlord request the agent to hand the deposit to someone else - the landlord or another third party, doesn't matter - then the agent is supposed to oblige. Doesn't sound too likely that they will, considering the probs you appear to be having with them.

All that said, I'm not sure what court action you are considering. I suspect the agent is holding the deposit as stakeholder, in which case they do not have any excuse to hang onto it once the two interested parties (LL and tenant) have agreed the fair split. You should check up on what, exactly, the responsibilities of a stakeholder are (It's something I'm looking at myself but from a different angle, I'll let you know if I find out anything that might be of any interest.)

If at the end of the tenancy you and your tenants mutually agree how much of the deposit goes to whom and communicate that to the agents, they should then hand it over - and don't forget to get them to cough up any interest they have earned, that is often a hidden earner that agencies just pocket at the end of a tenancy and they get away with it all too often. (The entitlement to interest should be specified in the contract you have with the agent, it's unlikely to be mentioned in the tenancy agreement.) If they don't hand it over "toot sweet" then I am fairly certain both you and the tenant would have a good case in small claims against the agent.

As for how to go about it, is the agency a limited company or an individual? Check carefully on any letters you may have received from them, look for tiny type with registered company address and company number and look them up at www.companieshouse.gov.uk. For a small fee (£3 or so? can't remember exactly) you can get copies of paperwork showing the names and registered addresses of the directors. You may decide to just go against the company (if it is a company) or the individual you were dealing with if you think you have a case against them as an individual rather than just as an employee of the company.

If you're getting a solicitor to act for you, they'll know how to do it. If you are considering acting for yourself take a long hard look at the Civil Procedure Rules, which can be perused at http://www.dca.gov.uk/civil/procrules_fin/menus/forms.htm.
[[Word of warning: don't look at that site if you're even vaguely sleepy, you'll be snoring like Rumplestiltskin before you've got past Part 1, and that's the most exciting bit!]]

I am currently involved in litigation against a letting agent so if you want a bit more info, feel free to PM me, I don't want to bore the pants off other posters.

[Amethyst]

My Agent has just gone AWOL too... Near Heathrow? Suburb begins with an S

[Lyndon]

Sorry but I do have to challenge this hidden earner claim! :mad: Our deposit monies earn less interest in a quarter than the bank charges. Perhaps you can tell me the name of you bank so we can cash in?

Lyndon Baker
Managing Director BakerReed Properties Limited
BakerReed Properties Limited is a firm accredited by the National Approved Letting Scheme - a Government backed accreditation scheme which offers peace of mind to landlords and tenants through the knowledge that the firm they are dealing with offers clearly defined levels of customer service.

Member of The Guild of Letting and Management
Member of The Residential Landlords Association
Member of The UK Association of Letting Agents
Member of The South West Landlords Association

lyndon@brpl.co.uk
http://www.brpl.co.uk (http://www.brpl.co.uk/)

[Esio Trot]

Sorry but I do have to challenge this hidden earner claim! :mad: Our deposit monies earn less interest in a quarter than the bank charges. Perhaps you can tell me the name of you bank so we can cash in?


HSBC do a clients deposit account that pays reasonable interest. It is also free of transaction charges (cheques, credits etc). The main downside is the requirement to have a minimum £25,000 balance.

[Lyndon]

Well, that would be one drawback. I expect that if they are offering it free on a deposit account then the charges on the current and client monies (rent) would be proportionally higher to compensate. Banks are like politicians, they are there for their own interests!:D