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Letting agent problem advice needed please!

12 replies

wannabedomesticgoddess · 11/08/2012 13:06

I could really do with some advice with what to do next, and maybe a template letter or ideas of what to include if thats what I need to do.

I rented a property for over a year. It was all through a letting agency. I did meet the LL but have no contact details whatsoever for them.

The deposit was £350. I was receiving HB for the full rent so the rent was always paid on time.

I phoned on 11th June to give my months notice as I was moving in with DP. The said they required it in writing but would take that date as the start of the notice period.

On the 12th June they erected a To Let sign on the front of the house.

On the 13th June I handed in my written notice.

On 22nd June DP was at the house giving it a final clean and taking the last bits n bobs out when the owner of the agency arrived. He asked DP "Where is she? Why isnt she here?" and DP explained I was pregnant and not well therefore he was cleaning the house. The guy handed him a written note which said they needed me to contact them to arrange viewings. (They have my phone number so all this was strange)

As it was late on friday I didnt get round to phoning them.

On the 25th June they contacted my mum (who was guarantor) and told her they needed to speak to me urgently. Again, not sure why they couldnt phone me.

I went in to their offices that day and gave them the keys back. Checked they had the correct number etc. The girl told me that once the LL checked the property they would return my deposit. And that if they found someone before the end of the tenancy (11th July) they would end my tenancy early and cancel the HB claim.

New tenants moved into the property on 1st July (I have relatives living next door) and the LL did not report back any damage.

When I phoned about my deposit I was told I needed to speak to the agency owner. He is never available when I call and wont return my messages. When I brought this up I was told they have 14days.

Its now well over 14 days from any date I can see the 14 days starting from. I had a solicitors letter sent which was ignored. But I cant afford to get the solicitor to do anymore.

Whats my next move? Small claims? Do I send a letter? I really need the £350 or I would just walk away. I also dont see why they should get away with this.

OP posts:
OldLadyKnowsNothing · 11/08/2012 13:10

Your deposit should have been put in a Protected Deposit Scheme. The information you need is on the link, and other links there.

Toughasoldboots · 11/08/2012 13:12

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wannabedomesticgoddess · 11/08/2012 13:16

Thanks for your replies.

I have no idea about that and think it is very unlikely that the agency used one of these schemes. :(

Im in N.Ireland if that makes a difference to any of this.

OP posts:
OldLadyKnowsNothing · 11/08/2012 13:29

Arse, it does make a difference. :(

Do you have Small Claims Court?

Toughasoldboots · 11/08/2012 13:33

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wannabedomesticgoddess · 11/08/2012 13:40

Yeah I have small claims near me.

So what evidence do I need?

Also, do I need to inform them that I am beginning small claims proceedings and give them time to pay it back?

I will get the forms on monday. Im sure I will have lots more questions.

Thanks for all your help!!

OP posts:
OldLadyKnowsNothing · 11/08/2012 13:46

You've already sent a solicitor's letter, which has been ignored. Get you to your local court to pick up the papers on Monday.

I've only done it once, in Scotland, and it was many, many years ago, but I think I picked up the forms, took them away to fill in (they had very comprehensive guidance) and then took them back to the court to file them. That was when I paid the fee.

Court issued documents to the debtor, inviting them to respond/defend the case in writing. They didn't, so the Court wrote to both of us with a date and time. I turned up, they didn't, I won.

Won't say I wasn't nervous, but solicitors who were regulars there were very nice about calming me down, having spotted the noob! Grin

wannabedomesticgoddess · 11/08/2012 13:57

:o

I was taken to small claims by a LL once and was petrified. I wasnt a fault but that didnt help! I won.

Doing it from the other end is daunting though. Having to coherently explain why I am there and not be nervous shaky voice girl, or cry (very possible as Im pregnant and cry easily).

Atleast I know to just get on and do it now and not worry about writing letters etc. Thank you :)

OP posts:
OldLadyKnowsNothing · 11/08/2012 14:01

The shakey voice and a few tears helped magistrate was very sympathetic. Wink

Toughasoldboots · 11/08/2012 14:17

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wannabedomesticgoddess · 11/08/2012 14:22

What should I put in the letter? Just that I have still not received the deposit and plan to take it to court by such and such a date, or do I need to go into more detail?

I dont think we can do it online. I havent got broadband anyway so forms would be easier for me.

I dont think they are regulated. Their website (on all signs) doesnt exist. A lot of people in this area use them and everyone I know who has complains about them.

OP posts:
Toughasoldboots · 11/08/2012 14:54

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