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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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We used a letting agent without a client agreement. My

Customer Question

Hi
We used a letting agent without a client agreement. My property is let out 3 years ago. During the rent review, the letting agent charged us another tenant finder's commission. I did not agree to pay. Now my tenant is moving out and will require their deposit back but the letting agent disagree to do provide us with the deposit scheme number if we do not pay the commission. The deposit is protected by the "Deposit Protection Scheme". How would I get the Deposit Protection Scheme to release the deposit?
Many thanks
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.Just to be clear, there is nothing in writing with the agent?
Customer: replied 1 year ago.

No - nothing in writing.

We, however, did pay his commission when he first found the tenant for us. We decline to pay him the next lot of commission at the rent review.

Expert:  Ash replied 1 year ago.
Ok. Do you know how much the deposit is?
Customer: replied 1 year ago.

£3180

Expert:  Ash replied 1 year ago.
You need to write and set out your losses and request deposit 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.If they do not refund the deposit 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.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.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.Can I clarify anything for you about this today please?
Expert:  Ash replied 1 year ago.
If this answers your question could I invite you rate my answer before you leave today.I am only paid for my work on this question if you rate my answer, using the star system at the top of the screen. Please do not forget! Thank you.Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/