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Jamie-Law
Jamie-Law, Solicitor
Category: Property Law
Satisfied Customers: 8645
Experience:  Solicitor
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I have full management contract signed with a letting agent

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Hi, I have full management contract signed with a letting agent with responsibilities including collecting deposit and protect it under DPS. However, I just found out that the agent didn’t collect the 6 weeks deposit as agreed and let the tenants move in with only 3 weeks deposit which is less than month’s rent. This therefore has void the rent protection guarantee insurance I purchased. Now the tenants are in arrears, but I cannot use the insurance due to the mistake made by the agent. Can I sue the agent for the rent payments?
Customer: replied 6 months ago.
To clarify, in order to make the insurance valid, at least one month rent worth deposit must be collected and protected. However, my letting agent only collected less than one month worth rent as deposit and only told me now when the tenants are in arrears (2 missed payments) six month later they moved in.
Customer: replied 6 months ago.
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Hello my name is ***** ***** I will help you with your question today. I am reviewing it, please give me a moment.

Yes you can sue the agents. They are in breach of contract.

You need to write and set out your losses and request a refund 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?

If not, I would appreciate a 5-star rating for my answer. If you need anything further I am available for a follow up at no extra cost.

Thanks. Jamie.

Customer: replied 6 months ago.
Hi Jamie, could you please clarify the 'refund' you are referring to here in your answer? Do you mean i can request the agent to pay me the missed rent payments and then the agent chase the tenants for rent payments?Also, if I take the agent to court, are they liable for the relevant court fees?Thanks.

Yes, refund of those losses which is the lost rent.

Yes, If you win, they are liable for the court fees.

Does that assist?

Customer: replied 6 months ago.
thanks for the answer.

Can I clarify anything for you about this today, please?

If not, I would appreciate a 5-star rating for my answer. If you need anything further I am available for a follow up at no extra cost.

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