Dodgy letting agent

[marialuisa]

Bit of a strange one this:

my mum rented a house for 6 months but moved out during the 5th month. Agreed with owners (via agent) that if a tenant could be found she could have deposit back otherwise it would be kept to cover the final month's rent. Mum was told by agent that no tenant was found so he's given the money to the owners. Fair enough.

Mum has just bumped into the owners whilst out shopping. A tenant was found and they were told mum had had the deposit back. They had other issues with the agent (charging for work that hadn't been done etc.) Is there some way that mum can get her money back? I've given her a number for a council helpline but wondered where she stood legally. Agent has clearly pocketed the deposit himself (oh and his wife just happens to be my dsis's reception teacher-I love the country).

Marialuisa,

Immediately put this in writing and make sure you keep everything they send you.....If you dont get it back you can take them to the small claims court.....

WIGANDROBE where are you?? your wisdom is needed

Are the agents accredited to NAEA, if so have a look \link{http://www.naea.co.uk/the_naea/general_public/complaints.asp\here} for their complaints procedure.

To begin with I think she should send a letter, recorded delivery, stating the facts as she knows them and asking them, firmly but politely, to return her money. Give them a finite period to respond. Hopefully when he realsises he ahs been caught out he'll refund it just to keep face.

Agree with horseshoe, keep copies of letters and records of any telephone converstaions etc just in case you need to go to Small Claims later on.

good luck

Thanks guys, just can't believe he thought he'd get away with it, since we're talking about an area where you can't fart without everyone knowing!

demand money returned with Interest .. why should the agents benefit from fraud

Straightforward case this, the agent is clearly retaining money which is not his under false pretences. My first course of action would be to contact the owners of the property and advise them of the situation.

You could mention that the agent has acted illegally from a criminal perspective and, unless the matter is resolved to your satisfaction, the police are likely to become involved. That usually does the trick with rogues such as letting agents.

I wouldn't worry about his wife...her credibility could go right down the pan if the you know what hits the you know where!