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Thread: Landlord not returning the deposit, advice please.

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    Goron goron Kumagoro's Avatar
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    Landlord not returning the deposit, advice please.

    I will use bullet points to make is simple,

    1) My girlfriend left her flat a week ago after giving one months notice in writing to the landlord, as
    per the contract. He acknowledged her leaving by email.

    2) It was left fully cleaned with digital pics showing it was clean and nothing was left and no damage.

    3) He said he would come and inspect the property, but a couple of days before phoned and said he
    wouldn't be coming and said to drop the keys off at the letting agency, they are just finders and do
    not manage the property, and he would pay the deposit when he confirms the keys have been
    returned. He was given the bank account details necessary for the transfer

    4) He is supposed to pay by bank transfer but it has been a week since the keys were given in.

    5) He has a history of not paying debts on the property like the management fees.

    6) We emailed him today asking what's going on (he usually replies within that day he hasn't yet)
    If he doesn't reply by tomorrow afternoon she will call him, we will also go and see the letting
    agent.

    ==========================================================

    Does the letting agency have any responsibility towards us. We paid the deposit to them and signed
    the contract in their office (no landlord present) and they said they would send it to him to be signed
    and then would send us a copy. They never did even though we chased it up several times.
    Eventually they gave us a copy which they signed. They are now in the process of finding more
    tenants but like I said before they do not manage it. what should I say to them and what can I get
    them to do both legally and morally.

    --

    My gf will be leaving in two weeks back to her own country which makes things much more difficult
    regarding small claims court. Does anyone know if I can do it on her behalf? How much money
    should we ask for? If we have to go to the small claims I want to punish him otherwise he will think
    he can just try it on with others.

    Note this contract was done in 2006 so I dont think the new rules apply. If some of the new rules
    do which ones are they?

    So given I have a limited amount of time, how do I go about getting the money back and how much
    time should be given at each stage?

    Feel free to ask any relevant questions, any help is greatly appreciated.

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    Banned arbitor's Avatar
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    Re: Landlord not returning the deposit, advice please.

    Il show this to a manager at Foxtons and can let you know...

    Should be able to provide some decent info for you..

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    Agent of the System ikonia's Avatar
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    Re: Landlord not returning the deposit, advice please.

    check the terms and conditions for payment of the deposit, and I don't mean "why" it should be paid, more "deposit shall be returned within 1 calander month" make sure he's outside his deadline of paying before chasing him too hard.
    It is Inevitable.....


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    Re: Landlord not returning the deposit, advice please.

    If he has a history of not paying up then why go with him?
    .: Rishi :.

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    Re: Landlord not returning the deposit, advice please.

    find out his address and turn up at his door step i always find intimidation works best.

    then if he refuses to pay, try taking it up with the estate agent whom i assume you singed the papers through as surely they are the ones who actually hold the deposit?

    another good tactic is to take someone older, like your dad and stand in the estate agents on a busy day demanding the refund that you are legally entitled to.

    again slightly intimidating but me and my dad are like 17 stone and well over 6 foot, and its amazing how quickly we get things resolved doing that, as long as you are not making threats or physically or verbally abusing anyone, they cant do much. just stand in the middle of the office and ask really loudly for the refund you are legally entitled to and if they threaten to call the police ask them to call the fraud squad while they are on the phone...

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    Lover & Fighter Blitzen's Avatar
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    Re: Landlord not returning the deposit, advice please.

    It is actually down to the estate agent though in this case and not the landlord. He shouldnt have your deposit the estate agent should.
    Did the estate agent do an inventory when she moved in? If not, they cannot withhold any funds as there is no evidence to what has/hasnt happened in the property.

    How long had she been renting the house?

    As of April 2007, ALL deposits should be held by an especially appointed solicitor incase things like this occur. Sounds like you are outside of this date (unless the contract was renewed every 6 months. If this is the case it will still apply)

    If not, report them and the estate agent and you will get your cash very fast.

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    Agent of the System ikonia's Avatar
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    Re: Landlord not returning the deposit, advice please.

    Quote Originally Posted by Chopper View Post
    find out his address and turn up at his door step i always find intimidation works best.

    then if he refuses to pay, try taking it up with the estate agent whom i assume you singed the papers through as surely they are the ones who actually hold the deposit?

    another good tactic is to take someone older, like your dad and stand in the estate agents on a busy day demanding the refund that you are legally entitled to.

    again slightly intimidating but me and my dad are like 17 stone and well over 6 foot, and its amazing how quickly we get things resolved doing that, as long as you are not making threats or physically or verbally abusing anyone, they cant do much. just stand in the middle of the office and ask really loudly for the refund you are legally entitled to and if they threaten to call the police ask them to call the fraud squad while they are on the phone...


    this advice is sound if you are wanting the police knocking on your door.

    As mentioned, check the terms of your contract and take up with the estate agents. "sending the boys round" or "turning up on his door step" seems to be the "big" thing to do in these sorts of threads, however if the guy in question has any sense in his brain you'd have the police knocking on your door before your had put the dinner on when you go home.
    It is Inevitable.....


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    Re: Landlord not returning the deposit, advice please.

    Quote Originally Posted by ikonia View Post
    this advice is sound if you are wanting the police knocking on your door.

    As mentioned, check the terms of your contract and take up with the estate agents. "sending the boys round" or "turning up on his door step" seems to be the "big" thing to do in these sorts of threads, however if the guy in question has any sense in his brain you'd have the police knocking on your door before your had put the dinner on when you go home.
    not really, theres nothing illegal in turning up at someones door, and asking nicely for any money you are owed, it only becomes illegal if you break the law, usually the fact that he knows you know where he lives is enough. im talking from experience worked for me before, so did the raising voices approach. hell only the other night i successfully charged my bank £60 TWICE for making a mistake and charging and refunding me via bank charges. its amazing what you get if you ask for it in the right way.

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    Agent of the System ikonia's Avatar
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    Re: Landlord not returning the deposit, advice please.

    we'll have to disagree on that.
    It is Inevitable.....


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    Re: Landlord not returning the deposit, advice please.

    hehe maybe i just got brass balls, but i really see no harm in *knock knock* "hi there my names craig, i recently rented one of your property's and you have failed to return my calls or my deposit, i wondered if we could discuss this amicably..."

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    Goron goron Kumagoro's Avatar
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    Re: Landlord not returning the deposit, advice please.

    Cheers arbitor that would be very useful to get some info from inside the industry.

    Ikonia: I will have to read the contract in more detail tonight.

    blitzen - how do you know the letting agent is responsible I need to be able to back
    it up with some laws and stuff. Also we signed in 2006 (6 month contract) but
    about june this year he said he wanted to put the rent up which we accepted. We
    didnt sign a new contract though but we have it in writing where do we stand
    contract wise.

    Rishi - we found out after moving in that he is unreliable when it comes to his debts.

    Chopper - I did consider going to his house if things did get very difficult but its best
    to play it by the book for now I think.

    ------

    The landlord has replied to the email saying he had to go to europe at short notice
    and cant do the transfer until thursday. He will wait till he is back as he doesnt
    feel its secure to do the transfer where he is online.


    I would really like to know where I stand with the letting agent, they advertised
    the place showed us around, when it came to the contract we signed at the
    property with one of their agents, gf, me and my dad present and they did an
    inventory (flat is unfurnished) we have a receipt of paying them the deposit in
    cash.

    when organising the moving out we contacted them about checking the place and
    collecting the keys but they said they are not contracted to do that. After that the
    landlord arranged that we would drop the keys off to them and he would then
    release the money. We have a receipt for the keys.

    My plan of action is:
    1) go see letting agent and see what they say and what they think their
    responsibilities are, note down what associations they are in.

    2) email the landlord again politely staing that he should email us when he has done
    the transfer otherwise we will assume he has not done it. not sure exactly what
    else to put yet though.

    3) go to the citizens advice bureau

    4) check tenancy agreement tonight (not a very clear or through contract as far as
    I remember)

    Also with regards to how much to ask for in the small claims court. I read that
    according to the new rules when you go to the small claims you claim for 3 times
    the deposit. I am not sure if that is right though I didnt make a bookmark stupidly.
    But that applies to the new law you would think though that if that is the new law
    there is nothing wrong with asking for three times the amount if signed before 2007

    sorry that its a bit of a mess and so many thoughts and questions but I am not sure
    about the real legal details and what is relevant.

    cheers for all your help.

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    Re: Landlord not returning the deposit, advice please.

    "The landlord has replied to the email saying he had to go to europe at short notice
    and cant do the transfer until thursday. He will wait till he is back as he doesnt
    feel its secure to do the transfer where he is online. "

    Well, I think that is an excuse unless he is a novice computer user. I would suggest you explain that SSL encryption is done from the client (i.e his laptop) to the server and that it would be very difficult to intercept and crack even on a busy unsecure wireless access point.
    HEXUS FOLDING TEAM It's EASY

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    Re: Landlord not returning the deposit, advice please.

    Quote Originally Posted by Chopper View Post
    hehe maybe i just got brass balls, but i really see no harm in *knock knock* "hi there my names craig, i recently rented one of your property's and you have failed to return my calls or my deposit, i wondered if we could discuss this amicably..."
    the thing is they will probably know far nastier people to come and knock on your door.....

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    Senior Member Kezzer's Avatar
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    Re: Landlord not returning the deposit, advice please.

    Cut his nads off.

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    Goron goron Kumagoro's Avatar
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    Re: Landlord not returning the deposit, advice please.

    Well I went to see the letting agency and they informed me that they had not heard
    from him checking if they got the keys. So he suggested that he would call him
    there and then and let him know. So he called him up and told him the keys had
    been deposited a week ago and that the place was tidy.

    More interestingly the landlord said he was just outside London when the agent called him
    which makes me think he never went to Europe as I suspected.

    I was told that they the letting agency have no responsibility/liability with regards to
    the deposit, but they would say that wouldn't they.

    I will just have to wait till Thursday to see if he does pay up. Even between banks
    transfers take less than a day in my experience.

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    Senior Member Kezzer's Avatar
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    Re: Landlord not returning the deposit, advice please.

    Quote Originally Posted by Kumagoro View Post
    I was told that they the letting agency have no responsibility/liability with regards to the deposit, but they would say that wouldn't they.
    They would say that if your landlord deals with that, so you can't place any blame on the letting agency as it has nothing to do with them.

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