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Having the mick taken out of me!!

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  • Having the mick taken out of me!!

    Hi Everyone,

    I've had a look around this site and there seem to be some very helpful people out there so I'm hoping you may be able to give me some advice on my situation.

    I moved out of a rented property on 16th March this year, with the idea that my deposit would be returned to me within 14 days at the most. It is now the 29th April and I haven't seen a single penny of it back yet, and am getting increasingly frustrated with the situation, but because of how strange it is, I'm not sure who the blame lies with.

    A bit of background info:

    I moved into the property after having paid my deposit in full, to the estate agent (a chain) dealing with the letting. This particular branch of this agency was located close to the property I rented. Several months later, I discovered that the flat had a pretty severe damp and black mould problem. I called this branch of the agency to report it so that something could be done and was never able to get through to them. So I decided to go on their website to get an email address. It was here that I discovered, upon clicking on the branch in the location I dealt with, that the forwarding email address and telephone number had changed to a completely different branch! So I had to assume that the original branch had for some reason closed down.

    I contacted them, they informed me that the property was managed by the landlord himself (something I was never told) and I would have to tell him about any problems directly. That was fine with me. I did this.
    Fast forward to my moving out day, I had received a letter from the 'new' branch dealing with my letting, informing me I had to leave the flat in good condition, etc etc and return the keys to them in their office.
    Again, I did this, and the lady I handed them to gave me a signed receipt to confirm they had the keys back, and told me that upon checking the property was in good condition they would return my deposit to me.

    After 14 days I still had not received any money back, nor any contact to state if any deductions were to be made (unlikely, as no inventory was done when I moved in, and I had left the flat in a better state than when I moved in) so I called them to ask about it - I was again informed that it was all down to the landlord, and I'd have to contact him. I called later and spoke to someone else and told them that I paid the money to THEM, not to the landlord, so someone must have some record of where this money has gone, I shouldn't have to chase the landlord directly for money. They told me they would look into it and get back to me.

    By this time it was coming up to the Easter bank holiday weekend, so I left it until the Wednesday after, and called again. The girl I spoke to here asked me 'oh, did nobody tell you to send in a copy of your tenancy agreement?' I said 'no, as nobody has actually bothered to let me know what's actually going on' so it turns out that they don't even have a copy of my tenancy agreement so can I scan it and email it to them. Hell no is my answer, so I decided to physically take it down there and speak to someone as they seem to be denying all knowledge of this, purely because my portfolio was one that they had acquired from the closed down branch.

    So I turned up and asked to speak to the branch manager. She informed me that although all the different offices trade under the 'umbrella' of the company name, each individual office is kept open by a franchise holder. So obviously the franchise holder of the office I dealt with originally had had to close down for whatever reason. So I told her, with all due respect, I paid that money to (company name) not an individual person, so someone has it, and it needs paying back.
    She claimed that apparently they had had a couple of other people who originally had tenancy agreements with the original office had this same problem, they had contacted this man, and he had paid the money back.

    I might add that by this point, I had already checked with all the tenancy deposit schemes and my deposit wasn't registered with any of them, and I informed her of this.

    So as we stand now, I have emailed this woman a couple of times asking for updates on the situation, and was firstly told that the man has 'paid the money to central office and as soon as we get it we will pay it to you' then the latest email, sent almost 2 weeks after the first, apparently they are still waiting for a cheque to clear and it will be with me asap.

    I feel I have been more than patient with this but I don't know where to go from here, as I don't technically know who is responsible.
    My apologies for the long post but I just wanted to get the full information in there as I have never heard of anything like this happening before!
    Any advice would be welcomed with open arms.

    Thanks!
    Tags: None

  • #2
    Re: Having the mick taken out of me!!

    Hi and welcome!

    We have a lovely and very helpful landlady on board :first: :yo: who may be able to offer some words of wisdom. In the meantime, you may want to take a look here: https://www.tds.gb.com/tenants-overview.html

    https://www.tds.gb.com/resources/fil...%20damages.pdf

    I take it you moved into the property after April 2007, when the deposit protection schemes started.

    Comment


    • #3
      Re: Having the mick taken out of me!!

      Hello, thank you very much for the kind welcome!

      I very much hope that she can offer some advice, as I'm hugely puzzled!

      Thank you also for the helpful links, the second one I have actually seen before - I've scoured high and low on the internet for a similar situation to mine and as yet haven't been able to find one - hence why I'm now pleading for advice from actual people (always the best kind!)

      And yes, I only lived in the property for a year - so from March 2012 - March 2013 - sorry, I should have mentioned that!

      Comment


      • #4
        Re: Having the mick taken out of me!!

        Which chain is involved?

        If your deposit wasn't placed in the TDS scheme, they will be in deep trouble, no matter who, what franchisee did what.
        "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

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        • #5
          Re: Having the mick taken out of me!!

          It was Belvoir.

          I wasn't sure if I should name the company or not - the branch that are now dealing with the issue seem to have a very non-urgent approach to the whole thing as they clearly seem to think if it went down a legal route that the franchise holder of the original branch would be the one in trouble and they would have no involvement.

          However, I have a receipt simply stating that I paid the deposit to Belvoir - and my tenancy agreement also states that the deposit is held by Belvoir as a stakeholder on behalf of the landlord - hence why when they told me 'oh that's down to the landlord' I argued the toss - and asked them why does my tenancy agreement not state this then? As according to this document, you people are responsible for wherever that money has gone.

          Comment


          • #6
            Re: Having the mick taken out of me!!

            The Landlord is responsible for your deposit not the agent even if you paid your money to the agent at the start of the tenancy. The buck stops with the Landlord in legal terms :hand: An agent is simply an "agent" for the Landlord.

            Do you have your Landlord's contact details or do they live overseas? Either way under section 48 of the Landlord and Tenant Act 1987 rent cannot be lawfully charged unless those details have been provided in writing. I suppose it's a bit late now to play that card if you've already moved out. You also can't be asked to leave (section 21) if the deposit is not placed in a scheme (until it is).

            What proof do you have that you actually paid the deposit such as a receipt or a cheque stub etc? You will be able to claim this back though the county court (more later) but don't listen to anyone who tells you that you can claim a further penalty of three times the amount because this is a myth. The supreme court ruled otherwise. Once you've left the property all you can claim is the original amount of the deposit.

            Contacting your Landlord direct should be your next step because you can't issue legal proceedings against them if they don't know what's going on first

            Comment


            • #7
              Re: Having the mick taken out of me!!

              I completely understand that, which is partly why I'm finding it strange that the agency are laying the blame entirely on the franchise holder of the office I dealt with originally, not the landlord. As far as this whole debacle goes, the landlord has essentially been forgotten about.

              I'm also not looking to sue anyone, take anyone to court or attempt to get any extra amount of money, the only thing I'm looking at is the fact that nothing about my original tenancy was done the correct way, it has been over a month since my tenancy ended, and I have no deposit back. That's all I want, the money that I paid in good faith and deserve to have back. I'm being fed excuses for why I haven't had it back yet and my patience is just wearing thin.

              Comment


              • #8
                Re: Having the mick taken out of me!!

                Originally posted by dudette1 View Post
                It was Belvoir.

                . . . . the branch that are now dealing with the issue seem to have a very non-urgent approach to the whole thing as they clearly seem to think if it went down a legal route that the franchise holder of the original branch would be the one in trouble and they would have no involvement.
                The branch you are dealing with probably have a "non-urgent approach" because it's not their responsibility. So you need to take your complaint to Belvoir's head office in Grantham. They have a good reputation so send an email to franchisesupport@belvoirlettings.com explaining the situation. Or write to them at The Old Courthouse, 60A London Road Grantham, Lincolnshire NG31 6HR. Tel: 01476 584 900. It may not come as a surprise to them and you're probably not the first person to make contact if the previous franchise owner went bust :rolleyes2:

                Comment


                • #9
                  Re: Having the mick taken out of me!!

                  Originally posted by dudette1 View Post
                  As far as this whole debacle goes, the landlord has essentially been forgotten about. . . .

                  . . . . . the only thing I'm looking at is the fact that nothing about my original tenancy was done the correct way, it has been over a month since my tenancy ended, and I have no deposit back. That's all I want, the money that I paid in good faith and deserve to have back. I'm being fed excuses for why I haven't had it back yet and my patience is just wearing thin.
                  Then it's time to remind the Landlord that it remains his/her legal duty to see that the deposit is insured and then returned. You have to request it from the Landlord in writing. I assume you've been paying your rent direct to them and not the agent so you have the contact details? A month isn't a very long time and with any luck you're more likely to be a victim of red tape and admin confusion then any conspiracy theory to withhold your money. You say two other tenants have got their deposits back when they contacted the previous franchisee so maybe you'll be number three :third:

                  What else was not done correctly?

                  Comment


                  • #10
                    Re: Having the mick taken out of me!!

                    Thank you very much for the contact information for Belvoir PlanB, I think I'll drop them a line!

                    Yes you're right, I was paying the rent directly to the landlord. And I was under the impression that the landlord would be the person held responsible for the deposit, etc. However by the looks of things, when I paid the deposit to Belvoir, this was held by the franchise holder, and the landlord never actually saw the deposit to have been able to register it in the first place!

                    I genuinely believe the way this has worked, if I was to contact the landlord by phone or in writing, to say you need to pay me my deposit back, I actually think he would have no idea what I was going on about.

                    According to Belvoir, the old franchise holder had the deposit money, and has paid it to their central office (which is why it will be handy for me to use the contact details you've given me), so now they're waiting for central office to pay it to the branch, and then the branch will send to me. Can cheques take over 2 weeks to clear? Because at the moment this is the reason I've been given as to why I've not seen any money yet.

                    Sorry, I realise my original post is a really complicated one as well as being long and garbled. Thank you all for being patient with me!

                    Comment


                    • #11
                      Re: Having the mick taken out of me!!

                      Originally posted by dudette1 View Post
                      According to Belvoir, the old franchise holder had the deposit money, and has paid it to their central office (which is why it will be handy for me to use the contact details you've given me), so now they're waiting for central office to pay it to the branch, and then the branch will send to me. Can cheques take over 2 weeks to clear? Because at the moment this is the reason I've been given as to why I've not seen any money yet.
                      So you've already been promised your deposit back by head office :yo:

                      Comment

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