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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I was renting my house out through an Agent and then took it

Customer Question

Hi There!
I was renting my house out through an Agent and then took it back and to my horror I found that it had been trashed. The Agent offered me their liability for the damage and also told me that I would also get the Tenants Bond. Having not heard from the Agents for a few months and the Agents not replying to my mail I got in touch with the Deposit Protection Service and they told me that the Bond had been paid back to the Agent.
The question I have is does the Bond money belong to the Agent or should it belong to me?
The Agents applied for the Bond claiming damages, cleaning and replacement items, they have now replied to my mail that I sent asking for them to put the money into my Bank Account and now they are saying I will not be getting this money.
If the Tenants Bond should be mine, how do I go about getting it from the Agents.
Thank you.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.

Hello my name is ***** ***** I will help you with this.

Do you know when it was paid to the agent?

How much is owed from the agents all together please?

Customer: replied 1 year ago.
Hi Alex
The DPS paid the Agent on 14/04/2016 the amount of £485
Expert:  Ash replied 1 year ago.

You need to write and set out your losses and request a refund of these costs 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 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://s3-eu-west-1.amazonaws.com/hmctsformfinder/n1-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?

Alex

Customer: replied 1 year ago.
Hi Alex
Thanks for your quick reply.
Can you confirm that this money should come to me and that the Agents are not entitled to it.
Expert:  Ash replied 1 year ago.

Correct.

Does that clarify? Alex

Expert:  Ash replied 1 year ago.

If this answers your question could I invite you rate my answer 3, 4 or 5 starts 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/

Customer: replied 1 year ago.
Hi Alex
I have sent a letter to the Agents informing them that I planned to take Court Action if they do not refund the costs from the Tenants Bond, this is their reply below.
What would be my next step and is this correct what they are saying.Yours Sincerely
***** *****sDear Mr Wood
Further to your letter received in Branch yesterday, I am aware you keep asking for the sub-tenants deposit, I would like to point out that we Northwood (Doncaster) Ltd was your tenant and any correspondence to the sub-tenants from Northwood (Doncaster) Ltd is no concern of yours, as Northwood Doncaster was your tenant. All deposit related queries also relating to the sub-tenant is for Northwood Doncaster to pursue or release, as there is no contractual relationship between you and the sub-tenants.
Our contractual liability to you is 1.5 times the guaranteed rental figure of £330, the amount of £495 was paid to you 26th February 2016, therefore, you would not be due anymore monies in relation to the handback of your property, as we have exceeded our contractual liability to you.
Yours sincerely
Melanie Howarth | Branch Manager | Northwood
25 Hallgate, Doncaster, DN1 3NH
t: 01302 767000 | northwooduk.com | Facebook | Twitter
Expert:  Ash replied 1 year ago.

No. Your next step is to sue as I have highlighted above.

Can I clarify anything? If not, please rate my answer otherwise the does not pay me for all this time spent with you.

Alex

Expert:  Ash replied 1 year ago.

If this answers your question could I invite you rate my answer before you leave today.If you don't rate then the site does not pay me for the time I have spent answering your question.

Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/