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Help please! Estate agent has disappeared- can I get the bond back from the landlord?

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  • Help please! Estate agent has disappeared- can I get the bond back from the landlord?

    Help please! Estate Agent has disappeared with my bond.
    In November 2011 I rented a house with an assured shorthold tenancy contract. I paid the junior estate agent a bond of £600 in cash and was given a receipt signed by him.(Mr O.)
    In October 2012 I vacated the property in excellent order. The checkout was completed by the same agent (Mr O) and another agent ( Mr S). Mr O thanked me for leaving it in such good order and told me that I would receive my bond back in ten days.
    After ten days there was no return of bond. I contacted Mr O by Email and was told the accounts department was being reorganised by "Bri" and that it would be paid to me shortly.
    I started to try and trace the bond with the tenancy deposit schemes and found that the bond had not been lodged with any of the schemes.
    After many Emails to Mr O and "Bri" I received an Email from "Bri" saying the deposit would definitely be repaid by Dec 4th.
    After that date I received no further replies to my Emails- and no return of bond.
    I visited the address of the agency only to find that it was a ficticious address. All trace of the letting agency had now dissapeared from the web. The company was not registered at companies house.
    Mr O refused to answer my calls but after visiting dozens of agencies around the area I eventually found Mr O working at a different Estate Agency.
    I issued Mr O a copy of the Shelter template letter "Request for a tenancy deposit to be refunded".
    Mr O sent me a letter stating that he had only been an employee at the agency I had rented from, ( I strongly suspect this is not true) and as such was not responsible for the return of the bond. He refused to give me the address of the landlord of the property or his own address.
    He stated that Mr S should be contacted at the ficticious address to get the bond back.
    My contract stated that the bond must be returned by the Landlord to me within 28 days. I found the address of the landlord from the Land Registry and went to visit the Landlord (Mr N). Mr N said he did not have the bond so was not going to give me any money.

    Not having my bond back over the Christmas period has left me in serious financial difficulty. I feel I should take somebody to court to get my bond back but I do not know who I should be naming on the summons. Do I make a claim against the landlord, against the agent I gave the money to, or the mysterious Mr S whose private address I do not have?
    I am desperate for some advice as to what to do next! Please can anyone help?
    Tags: None

  • #2
    Re: Help please! Estate agent has disappeared- can I get the bond back from the landl

    How awful Polly - three words spring to mind "fraud", "theft" and "police". (Or maybe more if you include "organized scam")

    You have evidence of having provided the bond and of it not being returned despite the property being in good order - I personally can see absolutely no reason at all not to go straight to the police.

    IMHO either one of these people has stolen your money or two or more have worked the scam on you in cahoots. The rules on protected deposits are very strict and that alone should energise the powers that be (will find out the gov.dept. for it tho am sure someone more au fait will produce it sharpish) .

    Check with Bluebottle but I'm pretty sure that fraud, conspiracy to defraud and theft are still criminal offences even in this country and that the behaviour you describe above would fall within this category.

    I speak from experience (over the years!) as both tenant and landlord (and I can assure you that in the latter position there are NO kosher loopholes - the law is there to protect the tenant and rightly so). However I have no legal expertise - am sure some of that will appear here shortly!

    "I started to try and trace the bond with the tenancy deposit schemes and found that the bond had not been lodged with any of the schemes"

    I'm pretty sure that alone would be more than a civil offence - will research.

    Meanwhile - huge sympathy.

    Comment


    • #3
      Re: Help please! Estate agent has disappeared- can I get the bond back from the landl

      You're absolutely right, MissFM. CAB is the first port of call to confirm the bond deposit scheme requirements information, then it's off to the police station to make a written Statement of Complaint. Don't be fobbed off by the civilian staff on the front desk telling you it's a civil matter. If you get that, ask to speak to a warranted/sworn police officer (one who holds the office of Constable and carries a warrant card).
      Life is a journey on which we all travel, sometimes together, but never alone.

      Comment


      • #4
        Re: Help please! Estate agent has disappeared- can I get the bond back from the landl

        You could also speak to your local authority's Trading Standards department after the holidays. It is a statutory requirement for the deposit to be in a protected scheme.

        You may be entitiled to money back above and beyond the deposit itself as compensation if this has not been done. However, if the company no longer exists, this presents a difficulty in claiming back ANY money - but the actual landlord will be vicariously liable for the conduct of his/her agents.

        There is a National Ombudsman Scheme for letting property, their site may have info about ths situation.

        It may also be worth seeing if any local solicitors offer a free initial consultation.

        Comment


        • #5
          Re: Help please! Estate agent has disappeared- can I get the bond back from the landl

          http://england.shelter.org.uk/get_ad...tion_schemes#1

          Comment


          • #6
            Re: Help please! Estate agent has disappeared- can I get the bond back from the landl

            Many thanks for all your advice- its a tremendous help. I will keep you informed as to how I get on.:santa2:

            Comment


            • #7
              Re: Help please! Estate agent has disappeared- can I get the bond back from the landl

              Was the deposit put into a depository scheme which has become law since 2007? You are required to receive the certificate that it has been done?

              I would add something else. Do you have the address of the Landlord or Agent since I would suspect that you would have the right to sue them. I hope you have pictures of the house when you left so that they cannot retrospectively come back to you and state that there was damage.

              Last thing I need to ask is more one in hindsight but why did you include the deposit into any of your budgetting? I would never have done that to be honest and so that is merely out of interest.
              "Family means that no one gets forgotten or left behind"
              (quote from David Ogden Stiers)

              Comment


              • #8
                Re: Help please! Estate agent has disappeared- can I get the bond back from the landl

                There is one important exception to requirement for protected deposits. That is when you are renting a room from a landlord who ir also resident . IE renting a room or digs.

                Comment


                • #9
                  Re: Help please! Estate agent has disappeared- can I get the bond back from the landl

                  Thank you so much for all your advice.
                  Armed with all your very good advice at legal Beagles I went back to the landlord with a "notice to take action" letter. He was NOT amused!
                  However he was so angry he immediately contacted the agent of whom he was clearly a good friend. The full amount of the bond had been returned to my account by the time I got home!
                  A wonderful result.
                  Thank you all so much for your help.
                  Regards, Polly:santa2:

                  Comment

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