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Estate Agent not returning deposit
Hey everyone! I am in need of help! I rented out my house in Scotland, via a reputable estate agent. The tenants have left the property in a mess. They had a dog, against our agreement. The blinds have been ripped down and the decor is destroyed. Not to mention the large holes in the walls where they have mounted at least a dozen shelves! The agent is now refusing to return the bond to us for the repair work. They claim to have paid the tenants rent into our account, when the tenant was having a "hard time" with finances! We did not know of this and certainly did not agree! I have tried to contact the Deposit Protection Schemes in Scotland to see which one holds the deposit. As it turns out, none of them have the deposit for our property! Meaning that the deposit has never been given to anyone. I believe that this is a requirement by law to protect the landlord and tenant? Please advise. Thank you in advance.
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Re: Estate Agent not returning deposit
Unfortunately the Landlord (not the agent) is legally responsible for making sure that a Tenant's deposit is insured or placed in a Government backed scheme. Sadly this is now your problem if the Tenants raise an issue. It'll make it harder for you to claim from them for the cost of the damage because they could counterclaim since you didn't insure their deposit.
The agent should not have used the Tenant's deposit to subsidise rent. They were probably trying to cover-up their shortcomings if they were supposed to be rent collecting on your behalf.
So your starting point is a complaint to the agent (which will probably not succeed) and then take it to the The Property Ombudsman (Scotland is included). If the agent is reputable they should be a member of TPO (click on *Find A Member* in the link below) which can award compensation if they find in your favour. Here's how to do this:
http://www.tpos.co.uk/consumer_guide_rents.htm -
Re: Estate Agent not returning deposit
Thank you so much for your quick response! We are so disappointed in the system. It would appear that tenants and agents have rights which pretty much cover them for anything and the landlord is left to pick up the pieces. Literally!Comment
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Re: Estate Agent not returning deposit
Originally posted by christine1 View Post
In this case I think the Agent will have to pick up the pieces
Dig out the legal contract you signed with your letting agent to see how many clauses they may have breached. Were you paying them a management fee to collect the rent and inspect the property and did they carry out those duties? You could be looking at a case of professional negligence so don't give up yet. If you accuse them of professional negligence in writing (after you've done your homework) they'll have to inform their PI insurers who will take over your claim. They usually settle to avoid court so it's not over yet, in fact it's only just started :typing:Comment
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Re: Estate Agent not returning deposit
What did their dog do that one or more brats would not?Originally posted by christine1 View PostComment
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Re: Estate Agent not returning deposit
.......the house is in a state! The walls are needing replastered, blinds needing replaced, decorated throughout.The tenants not only breached the contract but had no respect! ......and any children (you prefer to call them brats), that I know, could not have caused this damage....Comment
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Re: Estate Agent not returning deposit
thanks for the great advice! Really appreciate this. Thank you so much. The words ....light and tunnel ......spring to mind!Comment
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Re: Estate Agent not returning deposit
Did they? And if so, why?Originally posted by christine1 View PostComment
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Re: Estate Agent not returning deposit
But did the dog do it?Originally posted by christine1 View PostComment
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