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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 11892
Experience:  I have been practising for 30 years.
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I have rented a residential property with my company

Customer Question

I have rented a residential property with my company (company let) to sublet it (I had the consent of the landlord), so the use was still residential. I have vacated the property 67 days ago, the deposit is held by the letting agent involved, in our contract it is stated the deposit had to be returned after 10 days the property would have been vacated. The landlord is completely not reachable and is not replying to my emails, the letting agents is saying that he can't release the deposit without the landlord's consent. What should I do?
Submitted: 8 months ago.
Category: Law
Expert:  Nicola-mod replied 8 months ago.
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Customer: replied 8 months ago.
I would like you to find a professional about it
Expert:  Nicola-mod replied 8 months ago.
We will continue to look for a Professional to assist you.
Thank you for your patience,
Expert:  F E Smith replied 8 months ago.

Hello for clarification - who did you pay the deposit to - the landlord's bank or the agents?

can the agents reach the landlord do you know?

Customer: replied 8 months ago.
I have transferred through bank transfer the deposit to the letting agent. Yes the agent is in touch with the landlord. Would you like me to send the contract?
Expert:  F E Smith replied 8 months ago.

I am assuming that you have come to the end of the term or you have given the notice required under the terms of the tenancy agreement.

As this is a corporate light, then none of the statutory safeguards apply.

You cannot beat the landlord with a stick and he will pay deposit back to you, you have no alternative but to take him to the Small Claims Court. I assume that you have an address for him and if not, you have one for the agent.

You can issue Small Claims Court proceedings at his last known address or care of the agent quite easily here

Before doing that, right to the landlord and tell him that he has until 4 PM on Friday, 15 June, to return your deposit failing which you will issue Small Claims Court proceedings without further notice.

There is no point in all honesty in messing about exchanging copious correspondence.

Can I clarify anything else for you?

I am happy to answer any specific points arising from this.

Please take a moment to look at the top right hand corner of the page and rate my service by clicking one of the stars at the top of the screen. It’s important you use the rating service because that gives me credit. It doesn’t just give me a pat on the head! (Although there is an incentive scheme where the more five-star ratings I get, I do actually get a pat on the head! :-)) All you need to do is press Submit. Thank you.

If you still need any point clarifying, I will still reply because the thread does not close.

Best wishes.