Recovery of Deposit

[jane1108]

Hi

I explained the situation with my daughter in my welcome message

I am trying to get back the deposit from her flat from the letting agent, who are really an absolute pain to deal with, they operate on the basis of ignore everything! Primarily to put towards the funeral costs as there is nothing else in the estate and we paid it originally on her behalf.

Given the circumstances you would have thought they would be a bit more helpful, but no two emails, a couple of phone calls and a recorded delivery letter later nothing! The owner/manager is always unavailable!

The keys were handed back promptly and the flat was left in an immaculate condition. Not sure what the situation is regarding notice when someone passes away? Anyway I do know that no Housing benefit is payable from date of death. There was no tenancy agreement in place as it had not been renewed since January 2011.

Today I phoned the Deposit Scheme involved who were quite helpful and said it was a different procedure anyway if someone had passed away and understood my frustration with the agent just not communicating at all. Asked me to email with the information and a copy of the death certificate.

I've also contacted the Ombudsman Scheme to which this letting agent belongs. They were not to be honest that helpful or sympathetic, said they couldn't deal with anything until after the deposit matter had been resolved. I also raised with them a complaint concerning the Letting Agent discontinuing her hotwater tank cover dating back to last October, which they withdrew without notice or with regard to her needs, without telling me despite me again writing explaining how important it was because of her severe disabilities, when it was due for renewal and if there was a problem to please contact me.

Anyone else had experieince of this Ombudsman scheme? Am I likely to get anywhere with them? They have said I can lodge an "Initial Enquiry" and to set all the letters/emails etc. but that nothing will be done until 8 weeks after the complaint has started. I pointed out that the hot water issue was well over 8 weeks but they said they couldn't deal with it until the deposit matter was resolved! So kind of going around in circles!

[jane1108]

Re: Recovery of Deposit

Sorry if I posted this in the wrong forum as it's related to a beverement. Because another question I have in all of this is, because the estate is in a minus situation and there was no will, I've not applied for letters of administration or anything as it says on the CAB website that they aren't usually necessary when the estate is worth less than £5000. What I have just read is that anyone can refuse to pay any amount though and then you would have to get LofA would this apply if it was going towards funeral costs?

[bluebottle]

Re: Recovery of Deposit

Hello Jane and welcome to Legal Beagles.

You seem to be having problems at a time when you least need them. You might wish to check out the Ministry of Justice website at Justice with regard to probate issues. This lists links for District and Local Probate Registries who should be able to help answer any queries you might still have.

With regard to the problems you are having with the letting agent, you should have had the deposit returned to you, as executor of your daughter's estate, as soon as possible as it is a debt owing to the estate. With regard to the other issues you describe, if you have a local advocacy service, aimed at those with disability issues, you might wish to contact them for advice. It might also be wise to contact Social Services about the issues and the Housing Authority as there may be landlord and tenant issues.

[jane1108]

Re: Recovery of Deposit

Thanks for your replyand welcome bluebottle, I honestly can't see Social Services geting involved, I'm in close contact with a number of Social Workers and this is not their area at all, it is all about the care provided and packages. They want me to help them and start up a specialised care set-up using my daughters carers! The Local Authority possibly re housing but again I doubt that they will do much as she now isn't here . They did get involved previously when the hotwater was playing up and I think their involvement probably did lead to them taking out the policy last year.

We don't have a meaningful advocacy service for disabilities, I spend a lot of time helping other carers and people with disabilities resolve problems. That's why I decided to go the route of the Ombudsman and the letting agent. I've no doubt eventually I will get the money back, I just find it really upsetting that they are so uncaring in such circumstances and hopefully if I complain to the Ombudsman it might benefit someone else in the future. Although I'm skeptical as to how effective this Ombudsman scheme is which is why I was wondering if anyone else had used them?

I will speak to the Justice section though for more information on the legal side of the estate that sounds very useful. I've made it clear in all my letters/emails to the agent that the deposit return was owing to the estate for funeral costs!

[CleverClogs]

Re: Recovery of Deposit

First of all, I would like to say how sorry I am for your loss. It cannot have been easy for you and these shenanigans can hardly have helped. You may get some small consolation if, in the future, you can use these events to build some sort of advocacy network for people with disabilities.

Thanks for your replyand welcome bluebottle, I honestly can't see Social Services geting involved, I'm in close contact with a number of Social Workers and this is not their area at all, it is all about the care provided and packages. They want me to help them and start up a specialised care set-up using my daughters carers! The Local Authority possibly re housing but again I doubt that they will do much as she now isn't here . They did get involved previously when the hotwater was playing up and I think their involvement probably did lead to them taking out the policy last year.

I may be mistaken, but I got the impression that Social Services might be able to help because the landlord and/or his agent may have played at Silly Buggers in the past with other tenants - and Social Services might know about that.

I will speak to the Justice section though for more information on the legal side of the estate that sounds very useful. I've made it clear in all my letters/emails to the agent that the deposit return was owing to the estate for funeral costs!

It does not matter whether the deposit would be put towards the funeral expenses or spent on a wild tour of the flesh-pots of Cleethorpes - the fact remains that it is a debt owed to the estate and, as your daughter's executor, you want that deposit to be fully repaid in a timely manner.

And that is all they need to know.

[Bill-K]

Re: Recovery of Deposit

...You may get some small consolation if, in the future, you can use these events to build some sort of advocacy network for people with disabilities...

Having had the pleasure of a pair of landlords who would have been happy to see a whole family die from CO poisoning, than get the b100dy boiler checked out, I am not surprised at your treatment, Jane.

As CC implies - there can be much gained from these negative responses. Use them, and record them faithfully. Cultivate them, even. Keep asking, begging, pleading - and play the idiot that I guess they are treating you as. Use your perceived position well. Give them every inch of rope that they require to hang themselves with - and all the paintbrushes needed to paint themselves into a corner. Collect your evidence quietly and with courtesy.

...Say I...:beagle:

[jane1108]

Re: Recovery of Deposit

Hi All

Thought I'd give you a quick update

Deposit Protection Scheme have been pretty helpful and now the account has been transferred to my name so no need to go through probate. They are now emailing the Letting Agent to ask them to key in their release code. If they don't respond within 5 days I can proceed with what they call a single claim. Or the Letting Agent could contest the amount to be released BUT because they have not communicated any issues in this respect regarding the deposit for over 6 weeks it is unlikely to succeed. Still its all very upsetting and time consuming.

The flat where my daughter lived, there were no other disabled people living there, it was a totally private let hence the reason I said Social Serivces wouldn't want to know. Some of the residents in the block are owners others let through letting agents not all the same one (although my daughter's landlord owns 3 of the flats). One of my daughter's carers daughter lived in the flat above for a while, (the same landlord/agent) and it took them 6 weeks to get back the deposit as well.

I was talking generally about advocacy for disabled people.

I'm preparing all the paperwork and do intend to file a complaint with this property ombudsman once the deposit issue is resolved. They have clear codes of conduct which this agent is supposed to adhere to but clearly is ignoring, despite displaying the ombudsmen's logo on their website and the OFT one!