How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Remus2004 Your Own Question

Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 69772
Experience:  Over 5 years in practice.
12826847
Type Your Property Law Question Here...
Remus2004 is online now

Hello, I arranged a tenancy for my property through an Estate

Customer Question

Hello, I arranged a tenancy for my property through an Estate Agent who as part of the agreement and for a fee drew up an Assured Shorthold Tenancy Agreement.

It was agreed that they would take the deposit from my new tenants and deposit it into the Tenancy Deposit Scheme.

At the end of the year long lease, I took over responsibilty for drawing up the contract and at this time spoke to the estate agent about the deposit. They told me that there was no need to do anything with it as it was in the independent TDS and would remain there until either myself of my tenants contacted them.

My tenants have now given me notice to move out and as such we have made enquiries regarding the deposit. My tenant contacted the TDS who told her that they had no record of the deposit. She then contacted the agent to whom she paid the deposit and they have admitted that they did not deposit it into the scheme. She has been advised that she has a legal right to claim compensation from the agent.

I am clearly very frustrated with the fact that my agent was so lapse and had my tenants been an issue to me, the agent not depositing the funds could have caused me real issues. Please can you let me know if legally I have any grounds to make a claim from the agent, specifically I am thinking of a refund against the arrangement fee that I paid to them?

Many thanks in advance for your help,
Laura Herbert
Submitted: 3 years ago.
Category: Property Law
Expert:  Remus2004 replied 3 years ago.
Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Is your tenant reasonable? Or is she likely to bring a claim for the money?
Customer: replied 3 years ago.

Hi Jo,


 


My tenant is absolutely fine with me however she is going to make a claim against the estate agent as she physically handed them the cash deposit and is, to use her words 'livid that they've had it in their bank account'. I spoke to her earlier today and she has already asked a solicitor to write her a letter to the agent.


 


Kind Regards,


Laura


 

Expert:  Remus2004 replied 3 years ago.
Thanks.

You do have a claim against the agents but I would wait to see the outcome of your tenant's actions first.

Your tenant actually, I'm afraid, has a claim against you for three times the sum of the deposit. The fact that the agents were responsible for doing this is no defence. You are the landlord and its for you to do it and if the agents default then you are responsible.

The practical reality is that your tenants will only get the sum of the deposit from you anyway though because courts never order three times the sum.

You do obviously have a claim for that amount the agents.

in terms of the fee you paid them, you could reclaim that on the basis that the contract has not been performed with reasonable care and skill. Its not often I say this but I do think you have a fairly good claim just because of the risk to which they have exposed you. You are vulnerable to a claim for three times the amount under the Localism Act and, indeed, you are not able to serve a valid S21 notice had you wanted to do so because of this.

Hope this helps. Please let me know if you need more information.

Jo
Customer: replied 3 years ago.


Hi Jo,


 


Many thanks for that. Is it definitely the case that I am liable as the agent signed the first contract and took payment from the tenant?


 


How would you suggest that I go about making a claim for from the agent?


 


Kind Regards,


Laura

Customer: replied 3 years ago.
Relist: Answer came too late.
Expert:  Remus2004 replied 3 years ago.
If you ae the landlord then you are liable I'm afraid.

You can issue here

www.moneyclaim.gov.uk

Remus2004, Barrister
Category: Property Law
Satisfied Customers: 69772
Experience: Over 5 years in practice.
Remus2004 and 2 other Property Law Specialists are ready to help you
Expert:  Remus2004 replied 3 years ago.

Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Remus2004

    Remus2004

    Barrister

    Satisfied Customers:

    2438
    Over 5 years in practice.
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Remus2004's Avatar

    Remus2004

    Barrister

    Satisfied Customers:

    2438
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    445
    UK solicitor holding an England and Wales practising Certificate.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    42
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law.
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    4708
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/AS/Aston Lawyer/2013-10-8_19517_JAPROFILEPICTURE.64x64.jpg Aston Lawyer's Avatar

    Aston Lawyer

    Solicitor

    Satisfied Customers:

    1869
    LLB(HONS) 20 years of experience in dealing with Conveyancing and Property Law
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg chatham-chamber's Avatar

    chatham-chamber

    Solicitor

    Satisfied Customers:

    828
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/CL/clairep80/2013-8-25_191218_dreamstimexs267279822nd.64x64.jpg Clare's Avatar

    Clare

    Solicitor

    Satisfied Customers:

    286
    I have been a solicitor in High Street Practise since 1985 with a wide general experience.
 
 
 

Related Property Law Questions