Rental deposit

Author
Discussion

a4cabrio

Original Poster:

906 posts

160 months

Tuesday 15th April 2014
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A friend of mine rented a 1 bed flat through a letting agent, she paid all deposit and upfront fees to the letting agent. It was only a short term let for 6 months and when leaving the flat the landlord(owner) came and checked the flat over and said all was fine and handed her a cheque for £1000 to cover the deposit. The cheque bounced and now the landlord is claiming the property wasn't in the condition it was originally let in and is refusing to handover any money. The letting agent have basically washed their hands off the situation and are saying it's not down to them. The deposit wasn't placed in a deposit scheme.

Could someone please let me know what course of action to take to get her the money back, she's going to see CAB tomorrow but hoping for some advice from the PH collective.

a4cabrio

Original Poster:

906 posts

160 months

Tuesday 15th April 2014
quotequote all
Wing Commander said:
Fairly sure the letting agent is legally obliged to put the deposit in a tenants deposit scheme which is a government thing. If it were me, I'd be leaning on the agents. What does the contract say?
The agents are telling my friend to ask the landlord which scheme she has deposited the money with, but the landlord has already said the money wasn't secured with a scheme and the agents knows this. The agents have said if she takes the landlord to court she can recover 3 x her deposit, but I've told her if she can't get £1000 out of the landlord, what chance does she have of getting £3000.

I've also told her to lean on the agent a bit more, they are the people the money was paid to, so I'd be holding them accountable at the mo.

I'll ask what the contract says about deposit holding

a4cabrio

Original Poster:

906 posts

160 months

Tuesday 15th April 2014
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Thankyou Wings, info passed on, much appreciated

a4cabrio

Original Poster:

906 posts

160 months

Wednesday 16th April 2014
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Thanks everyone for the help and advice. She has been to the CAB and has an appointment with a solicitor on the 15th of May, she's been told to document all the information she has and then she'll be advised as to what to do next and how to go about it, I've passed on the helpful info from you all and advised her to write a letter as per one of the ^^ replies and then to pursue the landlord via the small claims court! but she's goin via the CAB.

The landlord has also told her the deposit was held with a deposit scheme, but my friend called the people who had apparently got the deposit but was told the landlord does have an account with them but currently has no deposits placed with them, she also has 4 other properties so others could be in the same boat later

a4cabrio

Original Poster:

906 posts

160 months

Wednesday 16th April 2014
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Jobbo said:
I think my post must have been invisible, but it will save having to prove anything; a bounced cheque is a simple debt claim.
No, it defo wasn't ignored, I passed all the advice on to my friend, she's decided to go to the CAB and get help from them, not a lot I can do about that I'm afraid, but you're advice was really appreciated, thanks

a4cabrio

Original Poster:

906 posts

160 months

Wednesday 16th April 2014
quotequote all
Jobbo said:
I think my post must have been invisible, but it will save having to prove anything; a bounced cheque is a simple debt claim.
No, it defo wasn't ignored, I passed all the advice on to my friend, she's decided to go to the CAB and get help from them, not a lot I can do about that I'm afraid, but you're advice was really appreciated, thanks