daphneg

[daphneg]

Hi
I am trying to resolve a problem for my son and his partner!
They were looking for a house to rent and signed on with a letting agent in Stoke. She found them a house and they agreed a rent, signed a tenancy agreement and paid a deposit of two months rent. However, the landlord then decided the rent was not enough and to re-advertise the property. This was a blow to my son as they desperately needed the accommodation. They have telephoned and visited the letting agent to try and get their deposit back, she will not return their calls and they are now desperate for the deposit money as they are getting married in August. Can anyone give me advice as to where to go next? Should I go to the police as its fraud? Or send a letter threatening to go.
HELP!

[miliitant]

Re: daphneg

I AM NOT AN EXPERT ON TENANCY LAW BUT I WILL SHOOT FROM THE HIP ON CONTRACT LAW

found them a house and they agreed a rent, signed a tenancy agreement and paid a deposit of two months rent.

i cannot see how the landlord can now alter the particulars of that contract for the period signed now that it has been signed by both parties

the landlord has agreed a price of the rent with the letting agent, the letting agent agreed a price with you

it is now down to the letting agent to find you another property with the same spec, for the same rental term that you signed at the lettings agent expense if it exceeds what you signed

just go around to the letting agents premises and find out why they are nor returning the calls

i do hope you son and partner have not been scammed

wait for more replies though as i have stated, this is not my area and i am shooting from the hip

[Nikolai]

Re: daphneg

For someone shooting from the hip, you've hit the target. This is a contract like any other, and it seems the landlord has broken it. If he won't see sense and allow your son and his partner in at the agreed rent and for the agreed term, they are entitled to the return of their deposit, and if they have to rent a more expensive property they would be entitled to claim the difference in rent too. As a matter of law, deposits have to be held according to strict rules. These claims can be made against the letting agent AND the landlord. I would write to both of them setting out your claim and threatening to start proceedings in the small claims court if the deposit is not returned within 7 days. Don't forget to keep copies of anything you send. Your local CAB will help if you are unsure of how to go about it.
If this is a scam, and the agent and the deposit have disappeared, go to the police right away.

[TUTTSI]

Re: daphneg

I agree whole heartidly with Nikolai, before going to police, I would send a 7 day letter by special or recorded delivery (you can also deliver this by fax or email) but it is safer to have a signed delivery acceptance to prove that you are demanding the return of the deposit back and advising them that failure to respond positively will result in you reporting this matter to the police, trading standards and also pursuing this matter through the courts and any costs occured in this matter will be born by the estate agent. Deposits should always be in a special deposit account and must be returnable at all times.

Have you also checked if they are members of any Estate agent ascociations as you may want to cc them in with the letter.

Please let us know how you get on.

[daphneg]

Re: daphneg

Thanks - will look into that!

[daphneg]

Re: daphneg

Thanks - seems as though you both agree - I will look into sending the 7 day letter.