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rent in credit

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319 views 3 replies latest reply: 03 December 2015
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Tenant

can anyone help please.I have had a deposit dispute with agent/landlord which has now been resolved. But

agent is still refusing to give back a credit balance on rent account also will not give me final rent satement.I am no longer at that property.They do not reply to emails or letters about this.Any idea what i should do its about £150.00

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Administrator

Hi Lesley

Is the agent a member of any professional bodies such as ARLA? This should be on their website or the shop window if they have one. You can make a complaint to that professional body and they have the power to take action.

The first step though is to put all this in writing – write a letter rather than an email, sign and date it and note on the letter that you’re sending a copy to the landlord, as well as the agent and that both will be delivered by registered post. Make a note in the letter of what is owed and why and give them a timeframe within which to repay it (14 days is usually reasonable). It’s probably a good idea to note that unless the agent repays you what you are owed then you will start a small claims action against the landlord. Although the agent is holding the rent, the tenancy that covers it was between you and the landlord so it’s up to the landlord to make sure you get it back. By sending a copy of the letter to both the landlord and agent this should hopefully get the landlord to take action. 

Take a look at your tenancy and see if it says anything about a timeframe within which to repay any rent over payments – if so, quote that clause and highlight that the agent is putting the landlord in breach of contract. Mention that the agent is holding that money – someone else’s money – without any contractual authority to do so – and that not returning it could well count as theft (I’m not a lawyer so you might have to speak to one if you want to be 100% on that). Finish your letter by setting out the action you will take for monies owed if they are not repaid within 14 days, including complaints to the professional bodies the agent is a member of, a small claims action, looking into action on the basis of theft or fraud, charging interest and potentially going to the local press. Together, those should have some effect.

I’m not a lawyer so if you want actual legal advice try your local Citizens Advice or a law centre.

Alex

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Tenant

http://www.venmores.co.uk/  hi alex this is a well known firm in liverpool.I cannot see anthing on the website about professional bodies

The landlords address is care of venmores only so i do not have an address its just a mr & mrs ………. care of the agents address

 

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Administrator

Hi Lesley

If you search the ARLA website you’ll see Venmores is listed so they are subject to the ARLA rules http://www.arla.co.uk/find-agent.aspx Is this the agent you’ve been using?

Alex

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