Unsecured deposit
Hello
I have a problem with lettings agency.
I was living in a flat for 21 months.
Every 6 months I sign new agreement for another 6 months.
After 21 months I decide to move out from that flat.
But I was in a half way of my contract. 3 months left before end of contract.
The lettings agency said that if I want to move out I must pay re-let fee and
rent until they will find new tenant.
I said ok.
They found new tenant.
They ask me to pay 400 GBP (re-let fee and rent until they found new tenant).
They said that they can take it from my deposit. (I paid 500 GBP - deposit).
They said that they will give me back 100 GBP but they need "security number"
which I received from DPS (Deposit Protection Service).
But I never received this number.
I sent an e-mail to DPS and they said:
"
... I confirm that although the Deposit details were created on 01 August 2008
against the landlord/letting agents DPS account, no Deposit monies were actually
received/allocated. Therefore, the Deposit concerned has been cancelled
automatically on 25 September 2008 and is not secured with The DPS. ...
"
That's mean my deposit wasn't protected.
But after april 2007 should be protected.
Letting agency said that I broke our agreement and this is why I have to pay 400GBP. (re-let fee and rent).
But they also broke our agreement. In my contract there is an information that agency must protect my deposit.
Is there any chance to get back rest of my deposit (400 GBP).
Thanks
If you are paying less than
If you are paying less than 25000.00 per annum in rent then your tenancy will be an assured shorthold.
Since 6th April 2007 section 213 of the Housing Act 2004 requires all deposits in such circumstances to be dealt with "in accordance with an authorised scheme".
If a landlord fails to secure the deposit potentially he is liable to return the deposit to the tenant and pay an amount of three times that sum.
This is a draconian measure and it seems that some judges may be looking to lessen it's impact.
However in your case you should write to the agents pointing this out, saying further that unless they return the balance of your deposit within 10 days you will take court action.
This certainly did the trick in a case in which I was involved last week.
The landlord was seeking to make deductions from a deposit which had not been secured within the allowed time limit. He paid up immediately I pointed out his potential liability.
Try that. Come back when you get a reply.Your problem may be that you did agree to pay.
Thanks for your reply. Yes. I
Thanks for your reply.
Yes. I did agree to pay.
But I agreed to pay before I find out that the agency didn't secured my deposit. I was happy to pay because I know that I broke our agreement. But now, I know that they also broke our agreement.
We both (me and agency) broke our agreement.I think if agency want me to pay they also should pay.
If they don't want to pay. I also don't have to pay.
Is this right?
I will send a letter to the agency.
Thanks
B
The letter you write should
The letter you write should be marked "without prejudice".
You will say that they owe you 2000 pounds ie the deposit plus 3 times that amount.
They can deduct from that figure the figure of 400 pounds you owe them.
Ask them for 1600 pounds but say on this occasion you will settle for the return of 400 pounds.
The fact that the letter will be " without prejudice" means you can still sue for the full amount if no deal is agreed.