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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have rented out a house and hired an estate agency to collect

Resolved Question:

I have rented out a house and hired an estate agency to collect rent for the last 3 years. The tenant has now moved out and I have sold the house. I have been chasing my estate agent for the last eight months to claim deposit from the deposit protection service and to play the tenant's last month's rent to my accounts but the estate agent has not been responding to my request. The have visited the office at least three times all they do is sent message to account which is managed by the owner of the estate agent. I have sent several emails but again no response.
What can I do to put pressure for action? If I need to get legal action what is the cheapest option?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
Alex Watts : If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
Alex Watts : The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
Alex Watts : If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
Alex Watts : Can I clarify anything for you about this today please?
Customer:

What can I do to reclaim cost of court fees?

Alex Watts : The court fees are added to the claim automocal
Alex Watts : automaticallh
Alex Watts : @ automatically @
Alex Watts : Does that help?
Customer:

what can I do if they still do not pay?

Alex Watts : You can enforce it by sending in bailiffs, charge on property, make them bankrupt etc.
Customer:

So I can apply for bailiffs to claim back from an estate agency? What if the estate agency use the same bailiff?

Alex Watts : Yes you can apply for bailiffs. These will be court bailiffs. Don't worry about whether or not they are the same as the agency. They are court appointed and there to collect a debt
Customer:

Just to clarify:

Customer:

If they say that they have not received the last month's rent from the tenant and I can't get hold of the tenant to disprove this- what can I do?

Customer:

What does enter Judgment and enforce mean?

Alex Watts : Ask the court for them to order disclosure of bank statements
Alex Watts : Eneter judgment means get the ccj and then send in bailiffs etc
Customer:

So all the information I need is on this website: www.moneyclaim.gov.uk? I can do this without hiring a solicitor to do it for me?

Alex Watts : corrext.
Alex Watts : correct
Customer:

Thanks

Ash and 2 other Law Specialists are ready to help you

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