Letting Agent - TA & DPC issues

jwks · Joined: 21 Feb 2009 Posts: 12

Hi all,

I have moved in to my flat since early this year.

On the date of moving in, we signed and initial the TA and DPC at the letting agent office, and the agents said they would then ask the landlord to sign the TA and DPC and returned to us.

We have been here for 6 months and we have been chasing the letting agent almost every month and then. They still have no action, and no response. When I called to their office, they often told me the one who is dealing with the case is on leave (what a coincidence every time!!). The senior staff in that agency even told me that "oh the landlord is not in London, do you want me to take a plane to go there and ask him to sign?". She sounded like accusing me to ask her to do sth in which she was supposed to do.

What shall we do? I think that as a letting agent, they have already breached what they are supposed to do, as part of their duties. But where shall I go to for legal advice and action?

I have already called to Consumer Direct, Community Legal, the Council Law Centre, they all said, they don't deal with this kind of stuff.

What shall I do? I am really frustrated.

Sad

LondonChap · Joined: 07 Sep 2009 Posts: 1035

jwks · Joined: 21 Feb 2009 Posts: 12

yes, I did, but they said, if the landlord didn't do anything, they couldn't do anything. But they are the Letting Agent!!!!! the TA is under their company's letter head!

LondonChap · Joined: 07 Sep 2009 Posts: 1035

short of stopping the rent money until you do , i am not sure

Bluey · Community Moderator Joined: 21 Mar 2006 Posts: 5644

Shelter or Citizens Advice are the best organisations to deal with non-compliance of the tenancy deposit scheme. The landlordzone forum has housing solicitors as members.

Demand from the agent the address of the landlord. They are legally obliged to provide this within 21 days of a written request.

http://www.landlordzone.co.uk/landlord's_address.htm

http://www.landlordzone.co.uk/blog/l...me-and-address

Your contract is with the landlord - the agent are mere intermediaries who just represent him. Don't get confused on this - your legal relationship is directly with the landlord. The landlord and agent have a separate contract which allows the agent to do work on their behalf - they don't replace him.

Then write to your landlord and let them know the problems you've had with him, reminding him that their failure to protect the deposit makes him vulnerable to being ordered by a court to pay x3 the sum of the deposit to you. Contact the 3 separate tenancy deposit schemes to see if your deposit has been lodged. Let the landlord know that if the agent absconds with the deposit, he is legally accountable for its return to you, even if the agent hasn't passed it on. That should spook him into action.

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

If the agent belongs to a professional body (which I doubt) such as ARLA make a complaint.

Even if you don't have a tenancy agreement, you do have a tenancy. The act of the agent/landlord accepting rent creates one, therefore you have full protection in housing law that all tenants enjoy.

After 6 months have lapsed (assuming it was a 6 month fixed term contract), you are probably on a periodic tenancy which automatically happens when the original contract expires. This means that you can give 1 months notice to leave the property but this notice must be timed to expire with the rental period.The Shelter website will explain more what a periodic tenancy is and how it can be ended. They will be able to verify your tenancy status.

I suppose the only other way around the potential non-return of your deposit would be to withold the last months rent (an equivalent sum to the deposit). It's impossible to enforce a county court judgement against a person that lives overseas.

Bluey · Community Moderator Joined: 21 Mar 2006 Posts: 5644

By the way, it's a requirement in law for a landlord to supply a gas safety certificate on an annual basis if there is a gas boiler or appliances in the property, plus an EPC.

Do you have these?

Mr_X · Joined: 18 Jan 2007 Posts: 207

In addition to a deposit protection certificate, you should have received a document called "Prescribed Information".

The Prescribed Information contains name and address of the deposit holder, as well as information on how to recover the deposit or how can deductions from it be made.

Failing to provide a prescribed information document within 14 Days of receiving the deposit can have the same penalties as failing to protect the deposit itself.