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bit of advice please on rent arrears - want them to use deposit for it.

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  • bit of advice please on rent arrears - want them to use deposit for it.

    Hi All

    I am familiar with LB but have my sis with me who has asked me to help draft her a letter. I thought this would be a great site to maybe give us some pointers. She handed in her notice to to the agency (1 month) to leave her rented property. She is actually not there now as moved into new place a fortnight ago. The rules are that you have to give notice from the date rent is payable for the month, no in between or something like that but anyway she was struggling financially having split with partner and children moving to their own places so has had to downsize considerably. This hasn't been cheap what with fees to move and a deposit needed etc, which is such a pain when you are moving because you are financially in a mess and cant afford where you are.
    She asked if the last months rent could be taken from the deposit, there is nothing wrong with the house so wont need the money for any repairs or whatever. They have be told she isn't at the property but have been sending letters to her there; stating they add £36 to her arrears for each letter sent. There have been 2 so far and it is only because i popped there last night that i found them among all the junk mail that has built up.

    To top all this off the gent dealing with her telephoned her at work when she has said to only call her mobile after she has finished her shift and when they couldn't speak with her they told her colleague that she rent arrears and that she needs to ring them ASAP. This has totally put her in a state as is embarrassed that work colleagues know what is going on. Is there a possibility they will take the rent from the deposit as the letters state they are now instituting legal proceedings. Very sad items for her. This is all that she needs now. She just doesn't have £650 to pay for the rent when her current is £500. The deposit they hold is £800.

    Thanks in advance.
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  • #2
    Re: bit of advice please on rent arrears - want them to use deposit for it.

    She moved out two weeks ago giving a months notice and asking them to take the last months rent from her deposit. ( is that right?)

    Does she have rent arrears as well as the final months rent ?

    And does she have a copy of her rent agreement ?
    #staysafestayhome

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    • #3
      Re: bit of advice please on rent arrears - want them to use deposit for it.

      Yes i think that is right. She gave the months notice mid September only verbally though, and they said that she can only give notice from 1st Oct as that is the next rent date then could leave end of the month. We did a letter to confirm the her notice and dropped it to them.

      She has no other arrears. Just this final month.

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      • #4
        Re: bit of advice please on rent arrears - want them to use deposit for it.

        So she is in arrears of 23 days from the 1st October due date. What does the contract state on arrears charges? Two lots of £36 so far for 23 days does seem excessive.

        Have the agency agreed to take the October rent payment from the deposit ?
        #staysafestayhome

        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

        Received a Court Claim? Read >>>>> First Steps

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        • #5
          Re: bit of advice please on rent arrears - want them to use deposit for it.

          Correct.

          No they are saying she needs to pay now, although this last letters says they wont be contacting her again as they are instituting legal proceedings. eeeeeeeekkk! What she doesnt need is more costs that she needs to pay.

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          • #6
            Re: bit of advice please on rent arrears - want them to use deposit for it.

            need to check the contract - later today as not got it with us

            Comment


            • #7
              Re: bit of advice please on rent arrears - want them to use deposit for it.

              The rules are that you have to give notice from the date rent is payable for the month, no in between.
              Depending on what the contract says then she has to comply with that - post up a redacted copy if you can and we can take a look.

              She asked if the last months rent could be taken from the deposit, there is nothing wrong with the house so wont need the money for any repairs or whatever. They have be told she isn't at the property but have been sending letters to her there; stating they add £36 to her arrears for each letter sent. There have been 2 so far and it is only because i popped there last night that i found them among all the junk mail that has built up.
              Unlikely to recover £36 per letter as that is an excessively high amount for just a late and is unlikely to represent an estimate of their costs. Secondly, if they were aware that she wasn't in the property they should have clarified her forwarding address - If they chose to deliver letters to the address despite being aware she has moved out, their fault.

              To top all this off the gent dealing with her telephoned her at work when she has said to only call her mobile after she has finished her shift and when they couldn't speak with her they told her colleague that she rent arrears and that she needs to ring them ASAP. This has totally put her in a state as is embarrassed that work colleagues know what is going on.
              I'd certainly argue breach of data protection here, under no circumstances should the person from the estate agent be divulging information such as this without her consent. Make this known in a letter to the estate agents and that she should also report this to the ICO, as well as to the Property Ombudsman.

              Is there a possibility they will take the rent from the deposit as the letters state they are now instituting legal proceedings. Very sad items for her. This is all that she needs now. She just doesn't have £650 to pay for the rent when her current is £500. The deposit they hold is £800.
              A deposit is usually taken to help offset any unpaid rent arrears or damage to the property so it would be prudent to agree to this, why the agents are not accepting this I have no idea. Going to court is a last resort and I would be pretty certain that if they tried to do this then the judge will simply tell them what a waste of court time and just take it from the deposit - I'd be inclined to ask the judge for any costs incurred as a result.

              Is the deposit held in a deposit scheme or not? Either way the agents must return a deposit within 14 days of the tenancy agreement ending (not when she left).
              If she hasn't done so I would also go about taking photographs of the place just in case something else crops up and they argue the place was damaged, only to cover her own back and dispel any arguments.

              All in all, the agents should deduct £500 for last month of rent as well as any damage which is not wear and tear.
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              • #8
                Re: bit of advice please on rent arrears - want them to use deposit for it.

                Originally posted by R0b View Post
                Depending on what the contract says then she has to comply with that - post up a redacted copy if you can and we can take a look.


                Unlikely to recover £36 per letter as that is an excessively high amount for just a late and is unlikely to represent an estimate of their costs. Secondly, if they were aware that she wasn't in the property they should have clarified her forwarding address - If they chose to deliver letters to the address despite being aware she has moved out, their fault.



                I'd certainly argue breach of data protection here, under no circumstances should the person from the estate agent be divulging information such as this without her consent. Make this known in a letter to the estate agents and that she should also report this to the ICO, as well as to the Property Ombudsman.


                A deposit is usually taken to help offset any unpaid rent arrears or damage to the property so it would be prudent to agree to this, why the agents are not accepting this I have no idea. Going to court is a last resort and I would be pretty certain that if they tried to do this then the judge will simply tell them what a waste of court time and just take it from the deposit - I'd be inclined to ask the judge for any costs incurred as a result.

                Is the deposit held in a deposit scheme or not? Either way the agents must return a deposit within 14 days of the tenancy agreement ending (not when she left).
                If she hasn't done so I would also go about taking photographs of the place just in case something else crops up and they argue the place was damaged, only to cover her own back and dispel any arguments.

                All in all, the agents should deduct £500 for last month of rent as well as any damage which is not wear and tear.
                Hi

                Thank you for you reply. It has been very useful.

                The deposit is in a scheme yes.

                Shall read over contract tomorrow and if I can upload it.

                Thank you once again. Much appreciated.

                Comment


                • #9
                  Re: bit of advice please on rent arrears - want them to use deposit for it.

                  Hello Kelike,

                  Your post today,

                  The claim being discontinued does not mean the actual debt has been extinguished , yje claimant believed it had no realistic chance of succeeding in getting a judgement.

                  I can still be chased by any means other than court action. Cabot tends to try this on most discontinued claims.

                  nem

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