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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I recently agreed to rent a property and paid tenancy fees

Resolved Question:

Hi, I recently agreed to rent a property and paid tenancy fees and deposit upfront as requested to secure it, the day before I was due to move in I was told the letting agency had ceased trading and that the new agency who had taken on the landlords properties could not confirm my payments for me - is there anything I can do to get my money back?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.How did you make your payments please?Alex
Customer: replied 1 year ago.
Hi Alex, I made the payments by bank transfer referencing my name and their intended purpose I.e. Fees and deposit and paid each separately. I have been told by the new company that the fees are now gone and there is no way I can get these back due to the old company being in liquidation (the owner of the old company has been for the most part uncontactable) and the deposit is being paid to the landlady (or half of it is) as the 1st months rent (rather than being placed as a deposit in a dps). They've told me that if I go ahead with the property I will not be paying any more than originally planned but if I back out I can only get back half of the deposit and no more. I'm insure how to proceed as I don't trust them but don't want to lose my whole fee and half of my deposit.
Expert:  Ash replied 1 year ago.
Have you evidence that it has gone into administration?
Customer: replied 1 year ago.
Nothing other than what the new company (made up of one of the employees from the previous company and former director before 2014 of the previous company) have told me. I have a voicemail from the former director I believe stating "the liquidators have gone in" but apart from this it has all been told to me very vaguely. I only have until the end of this weekend to decide to proceed or withdraw.
Expert:  Ash replied 1 year ago.
I would ask for evidence of this. Sadly if you have paid any money to the old company and they have gone into liquidation then you only become an unsecured creditor - nothing more.That means you have to pay any deposit etc again. But I would only ever pay this deposit again if I had evidence that the old company had gone into liquidation.You should be able to see this at Companies House online at: www.companies-house.gov.uk/infoIf its not there then they have NOT gone into liquidation.Can I clarify anything for you about this today please?Alex
Customer: replied 1 year ago.
Hi Alex, I looked them up and they show as "active" rather than in liquidation, what impact would this have? Also, when I paid my deposit shouldn't they have placed this within a DPS to protect it within 30 days? I paid it to them on the 29th of March so this time has passed therefore do I not have the right to take them to a county court regarding them improperly handling my money?
Expert:  Ash replied 1 year ago.
Well that means the people may be lying. I wouldnt pay ANYTHING until you have evidence they are in liquidation. Yes they should have paid it into the DPS. I would check with the providers.You can take them to County Court but IF they have gone into administration there is no point - they have no moneyDoes that clarify?Alex
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