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Hi,we recently had a dispute with an estate agent we had instructed…

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Hi,we recently had a dispute...
Hi,we recently had a dispute with an estate agent we had instructed to find us a tenant.Before moving in (we learnt later),the tenant had asked the estate agent if we she could throw away some of the furniture.The estate agent did not check this with us first and, on the day of the move,she accompanied the tenant and asked our builders, who were there to do some final work,to throw everything away.After this,we wrote a letter to complain and told her we were not going to pay her fees as their value was smaller than the value of the properties she had thrown away.She then sent us a letter saying that she did not wish to renew our contract (!!)and that she would transfer to us the tenant's deposit-minus her fees.In practise she used the tenant's deposit to pay the fees we had (rightly) refused to pay her.What does the law say?Now the tenant wants us to 're-create' her deposit but we think the state agent had no right to take it in th first place.What can we do to recover the deposit?TNX!
Submitted: 8 years ago.Category: UK Law
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6/10/2010
Solicitor: Thomas Judge, Solicitor Advocate replied 8 years ago
Thomas Judge
Thomas Judge, Solicitor Advocate
Category: UK Law
Satisfied Customers: 33,977
Experience: Award winning lawyer with over 15 years experience
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Hiya,

 

The agent is clearly in the wrong. You should formally write to request the sum owed by return and should you not receive same then you should consider issuing court proceedings for the money owed from the agent - you can do this online at www.moneyclaim.gov.uk

 

In addition you should ensure that you pay the tenants deposit into a Tenancy Deposit Scheme overwise they can potentially sue you at the end of the tenancy for upto three times the value of the deposit.

 

I hope that this helps

 

Please press ACCEPT

Thomas Judge
Thomas Judge, Solicitor Advocate
Category: UK Law
Satisfied Customers: 33,977
Experience: Award winning lawyer with over 15 years experience
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Customer reply replied 8 years ago
Excellent! thanks a lot!!!
Customer reply replied 8 years ago
Hi, a couple of days I got a reply from you with regards XXXXX XXXXX estate agent who used the tenant's deposit to pay herself the fees we refused to pay her. I then asked if you could write for me a draft to go by in order to 'impress' the estate agent with some proper legal wording and also asked how much you would expect for this. Unfortunately, although the system has taken my deposit, i still have not had a reply and I suspect you probably did not get my question at all.
Could you kindly let me know?
Thanks in advance,
Ilaria
Solicitor: Thomas Judge, Solicitor Advocate replied 8 years ago
Hiya,

No I did not get anything further - it would be cheaper for you to draft a letter and I will amend with the legal words etc - what do you think would be fair and you can pay that figure
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Customer reply replied 8 years ago
Hi Peter,

I tried to write a draft but English is not even my first language (I am Italian) so probably you will have to change the whole thing. Pls make it as scary as possible because I would not have a clue how to follow the legal procedure if they refused to pay! Please could you also let me know how much do you think is fair to pay you for this.


Kings Accommodation LTD
Unit 55B - Eurolink Centre,
Effra Road,
London – SW2 1BZ
Registered Company Number(NNN) NNN-NNNN


Date:.....

Re: Tenant's deposit - 65 b Gresham Road SW2 5AH

Sirs,

this is our final request to immediately return the balance* of the deposit paid to Kings Accommodation by our tenant Ms. Lisa Shanahan for our property 65b Gresham Road SW2 5AH (£.......).

Kings Accommodation LTD had the legal duty to keep the above deposit safe in a ......account until the end of the tenancy. You had no legal rights to use such deposit for your own personal use.

Regardless any dispute Kings Accommodation LTD may have with the landlords of the property, such deposit must be kept safe by law and also as specified in the Tenancy Agreement.

Please transfer the sum of £.....to our account by and no later than the ......

Should you fail to do so, we will pursue this matter legally and Kings Accommodation will also be required to pay for the damages caused to our property.

Regards,


*i said 'balance' because Kings Acc returned part of it. As you may remember, Kings Acc. damaged our property therefore we refused to pay their fees up to the value of the damaged property). They then told the tenant that the their contract with Kings was expired and they would transfer the deposit to us. Instead, she only sent part of it together with a letter saying that the rest was going towards her fees.

**I cannot remember the name of the scheme, will check before sending the letter, I assume it does not make any difference?
Customer reply replied 8 years ago
Hi there,did you received my letter?Could u come back to me please as i really want to finalize this. Thanks and regards, ilaria
Solicitor: Mr Jardine, Solicitor replied 8 years ago
Mr Jardine
Mr Jardine, Solicitor
Category: UK Law
Satisfied Customers: 158
Experience: LLB PgDip Solicitor
Verified
The letter looks fine. I would just add that you intend to bring proceedings in the county court for breach of contract.
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Solicitor: Thomas Judge, Solicitor Advocate replied 8 years ago
Hiya,

Someone else answered this in error. Would you still like me to amend the letter for you?

Peter
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