Screwed out of my deposit...

So, i'm about to move out of my place that i've been living in for the past three years. no problems with tha landlord or anything, he's actually a really nice guy.

he told me to get in touch with the agents who I originally let the property off (Nelsons) to get my full deposit back, which i did today.

they told me that they were just appointed to find tennants for the property, by a management company (Brixton Lettings), and that they gave my deposit directly to the management company.

The problem lies with the fact that Brixton Lettings went bust, and the guy that ran it has dissapeared, along with fiftteen peoples deposits. Nelsons say they are not sure if he's done a runner with the cash, or if it's in one of those government approved holding account thingys, and that even if it is in a holding account, we probably wont be able to get it because the only person who can acsess it, is the dude who has dissapeared.

It has all left me a bit confused to be honest.

at the end of the day, i know i'm probably not going to get my £1500 back, but just wanted to know if anybody has had any experiance with a balls-up of this variety? I know there are a fair few estate agents and lawyer types on this here forum.

lesson learned i guess....

much love,
Hoops.

I would suggest that as you had a contract with the landlord, not the management company, you should seek the deposit from the landlord, and let him chase this other fellow.

Further thoughts on this. Get it in writing from the landlord that they are happy to release the full deposit. Then put it in writing that you are having difficulty getting it back from the managing agents, and they must pay you back.

If the landlord has not made appropriate arrangemnts for your money to be held, then they must reimburse you. It is the landlords problem, not yours.

If they give you any gyp, try moneyclaim online.https://www.moneyclaim.gov.uk/csmco2/index.jsp

Its always good fun taking someone to court on the internet.

Yep, You have contract with landlord, he has contract with agent... they have contract... didahdidah.
Check your contract, and talk again to landlord. Make it his problem, not yours.

I am not a legal person as these ramblings will make obvious.I assume that your contract is with the landlord as it's his property .The agents hold the deposit on his behalf and take their %age of the rent for acting for him.So I think it is up to the landlord to reimburse you and chase the agents whom he employed.

Please someone with legal knowledge step in before I spout more crap!!

Your deposit should be held in escrow, no? Landlords aren't allowed to hang onto deposits anymore (tho' many do)...
My ex-landlord still owes me £200+ of mine, reckons it was for bills?!? WTF?!? They're all cunts...

I don't know about recovering deposits from commercial landlords (though I have lost deposits to thieving private landlords before), but my current lease is covered by the Deposit Protection Scheme - when the landlord registers you with the DPS you get emailed a code as the reference to your deposit in the scheme, and have to confirm receipt of it. A couple of my current housemates have recovered disputed deposits through the DPS, they generally tend to find in favour of the tenant I think. So long story short, I think if you were registered with the DPS you would definitely know about it, which doesn't seem to be the case unfortunately.

If you think there's a chance of getting the money back you can go the small claims court. It costs either £60 or £90 to register the paperwork I think (can't remember). I had to get a solicitor to draft a letter to the landlord first though when I did this, giving them the chance to pay up for legal action is undertaken.

I've had a deposit screwed out of me a time or two.

Good times...

So have I .I replaced a carpet we had damaged at the end of a tenancy and still didn't get my deposit back and was told oh it's to cover new carpet we were going to change it anyway! wtf

I think Platini meant some poo's have fallen out of his arse when he was getting bummed. I might have read it wrong though.....

Your deposit should be held in escrow, no? Landlords aren't allowed to hang onto deposits anymore (tho' many do)...
My ex-landlord still owes me £200+ of mine, reckons it was for bills?!? WTF?!? They're all cunts...

Escrow is an American thing...

I think Platini meant some poo's have fallen out of his arse when he was getting bummed. I might have read it wrong though.....

Exactly.

I don't know about recovering deposits from commercial landlords (though I have lost deposits to thieving private landlords before), but my current lease is covered by the Deposit Protection Scheme - when the landlord registers you with the DPS you get emailed a code as the reference to your deposit in the scheme, and have to confirm receipt of it. A couple of my current housemates have recovered disputed deposits through the DPS, they generally tend to find in favour of the tenant I think. So long story short, I think if you were registered with the DPS you would definitely know about it, which doesn't seem to be the case unfortunately.

If you think there's a chance of getting the money back you can go the small claims court. It costs either £60 or £90 to register the paperwork I think (can't remember). I had to get a solicitor to draft a letter to the landlord first though when I did this, giving them the chance to pay up for legal action is undertaken.

Correct - your landlord was required by law to hold your deposit in the Tenancy Deposit Scheme (unless he also lives in the property).

Try calling these people as a 1st port of call:

http://www.thedisputeservice.co.uk/index.php?p=13

A few years ago the government decided to start up a tenancy deposit scheme (check out the details at the bellow link) to try and sort out problems like this.

I'm assuming if this was after your tenancy started then it might not be applicable, but still may be of some help.

http://www.direct.gov.uk/en/TenancyDeposit/index.htm

The scheme is very good as it is designed with the tenant in mind, not the landlord, and you get the interest

Your deposit should be held in escrow, no? Landlords aren't allowed to hang onto deposits anymore (tho' many do)...
My ex-landlord still owes me £200+ of mine, reckons it was for bills?!? WTF?!? They're all cunts...

ditto. i got screwed out of £400+ from my last place they claimed was because we didn't clean it adequately when we left, conveniently ignoring the fact that not only had we cleaned the filth off it when we moved in, done so thouroughly before leaving including shampooing carpets, dry-cleaning upholstry etc but we'd also decorated the place to a pretty decent standard (it was flaky as fuck when we moved in) AND put up decent quality shelves, mirrors etc that we were leaving...they hung their defence on a "small tea stain near the bin". fucking crooked fuckers. paramount in west hampstead. you have been warned. thieving fucking cunts.

This is a going to be a tough one Rob. Worth perservering though. Its vital to find out which bank account the monies are held in and who actually has control of this account. Don't get fobbed off by estate agents chat. If the guy has done a runner (if this is factually true) this is not going to be easy.

Or just steal an equal amount of stuff of each of them until you have 1500 back. "Two wrongs make a right", I think is the saying..

Screwing the tenants out of their deposits seems to be standard practice.

Agencies will always try to keep the deposit, they are almost like insurance assessors who's brief is to ensure no payout. Private landlords, well it depends on the individual...

I hope you get your money back Hooper

Aren't they all supposed to be in the government scheme now and anything else is illegal?

The interest they are earning on mine and other's deposits could be put to use paying back people whose landlords have fucked them over.

"From 6 April 2007, all deposits (for rent up to £25,000 per annum) taken by landlords and letting agents for Assured Shorthold Tenancies in England and Wales, must be protected by a tenancy deposit protection scheme." [link]

"The Assured Shorthold Tenancy is one of the most common in the private rented sector. If your tenancy began, or was agreed, on or after 28 February 1997, it is likely to be an Assured Shorthold Tenancy. Tenancies starting, or agreed, before that date but after 15 January 1989, are more likely to be Assured Tenancies.

However, it important to know that if you are not an Assured or an Assured Shorthold Tenant as your rights may be different.

[]if you live with your landlord as a lodger and share living accommodation, this maybe known as a Non-Excluded Tenancy or Licence
[]if you landlord has divided a property into flats and the tenant occupies a different flat from the landlord, this maybe known as an Excluded Tenancy or Licence
[*]if you rent a property where the combined rent is over £25,000 per year, this is known a as a Bare Contractual Tenancy. [link]

Like, real American, like.

We use an escrow service for software in case i fuck off to oz with all their money they go broke the clients get the source code.

http://www.nccgroup.co.uk/services/escrow-solutions/software-escrow-services.aspx

Escrow is an American thing...

I thought it was a general term for a third party holding onto funds... But what do I know?

not very much joe, not very much.....