Deposit problems

[Kitiara]

In May 2010 my Partner moved into a new apartment after splitting with his ex, he literally viewed the property and moved in the next day. The Letting Agent was really good, as my Partner wasn't due to get paid for another 3 days, so said as long as he could pay a months rent in advance, the deposit could be paid when my Partner got paid. When he moved into the property he found that one of the storage heaters didn't work, the shower was broken, the entry phone was faulty and a few other minor problems. When he informed the Letting Agent he was assured that the repairs would all be done asap, but he withheld 50% of the deposit - £250 (agreed verbally by the letting agent) to be paid when the repairs were completed ....

These repairs are still outstanding more than 2 years later (none are a severe problem, just inconvinient at times) despite the letting agent being asked to arrange repairs on several occasions. When I moved in (Jan 2011) the Letting Agent even joked about needing to get the shower fixed now as "you know what woman are like" Due to a problem with my Partners wages, we did not pay June's rent, which we paid the next month along with the rent due for July. We received a receipt and letter thanking us for the payment BUT stating that we were still in arrears by £250 as the Agent had paid the rest of the deposit into the Deposit Scheme from the money meant for the rent and to clear the arrears.

Can a Letting Agent actually do this - use monies paid for rent as the balance on the deposit thus causing arrears without our consent? When my Partner took the rent down to the Letting Agent, he specifically said that the money was for July's rent and to pay off the arrears from June. Also where do we stand regarding the outstanding repairs, we are hoping to move shortly and get the feeling that we will be blamed for the "broken" items and the deposit forfeited. There is no written agreement regarding the witholding of the 50% deposit until the repairs were completed, but until this letter it was never mentioned or requested that the balance be paid.

Thanks.

[labman]

Re: Deposit problems

If the Letting Agent has now put the full deposit in a proper scheme, as he should, you are now in a much stronger position to insist on the work being completed. Getting into the game of witholding money from landlords is a dangerous one, so I would pay the rent and start demanding formally, via letter that the works be completed.

[pepsie]

Re: Deposit problems

In a word NO they cannot disburse your payment to the rent to any other outstanding amount, doing so would put you in the exact position you have outlined and created rent arrears. As to the repairs not carried out I would suggest you 'remind' them of these by putting it in writing. Has the letting agent/LL provided you with details to the deposit..eg: how much has been placed in TDS, which one and when?

Pepsie

[Kitiara]

Re: Deposit problems

Pepsie,

Nothing regarding where or how much, but from the gist of the letter its the full amount - £500 that has been put into TDS ie we "owed" £250 deposit and had paid £250 which was being held by the Agent until the full amount was paid, so we are now in arrears by the £250. The Agent has up til now been really good with my Partner, who before I moved in was out of work for a few months and missed a couple of payments / didnt pay full amount while waiting for housing benefit to be sorted etc and let him pay as and when he could, hence the reason in May we asked for a breakdown of all monies paid just to check that there was nothing other than the witheld deposit outstanding as we want to move and didnt want any nasty surprises - there were no rent arrears at that point.

We now have a further problem as the boiler gave up the ghost last Tuesday and we currently have had no hot water for a week, the Agent was notified on Wednesday (message left on voicemail as he doesn't work Wednesdays), further calls on Thursday (wasn't in the office but a message would be passed on) and again on Friday - was on annual leave but would be told as he was contactable, my Partner called again yesterday and yet again "not in the office but would have the message passed on" ... no response as yet! Getting a little peed off now, and can't wait to move!