Articles tagged with: Tenancy Deposit

Re-Depositing the Problem

Published on Tuesday, 15 April 2014. Posted in Case Studies

Complaint

Following the end of the tenancy and the tenant, Miss J, not receiving her deposit monies, she complained that Agent had failed to keep her informed about which protection scheme the deposit was registered with; that the Agent had not advised her how to dispute the landlord’s claims on the deposit and that the Agent had transferred the deposit to the landlord without her agreement. In addition, Miss J pointed out that despite requesting the same, the Agent had failed to provide her with the name and contact address of the landlord within the required timescale.

Damage Deposit and Rent Arrears

Published on Tuesday, 26 February 2013. Posted in Case Studies

Complaint

The Agent had arranged a two year tenancy between the tenant and the landlord, Mr G. By the ninth month the tenant had accrued £6,900 rent arrears and had caused approximately £2,000 worth of damage to the property. Mr G commenced possession proceedings and a Court hearing took place at the tenth month where the judge awarded possession to Mr G together with an order for the rent arrears owed by the tenant. The matter of damages to the property was not considered by the Court. However, unbeknown to Mr G, a few days before the Court hearing, the Agent agreed with the tenant that due to the severe rental arrears the deposit of £1,592.28 would be released in full to cover some of that debt. After being informed of this development, the judge deducted £1,592.28 from the money judgement order for rent arrears awarded to Mr G. Mr G then complained that the Agent’s actions had denied him the opportunity of seeking payment towards the damages via the
tenancy deposit arbitration process and instead, was left with no option but to commence further legal action to recover these monies.

A Misplaced Deposit

Published on Tuesday, 02 October 2012. Posted in Case Studies

Complaint

Following the end of the tenancy and the completion of the check-out inspection, the Tenants alleged that the Agent withheld their security deposit despite advising them that it would be returned. The Agent responded by denying that they had received payment of the deposit at the outset.

Transferring a Deposit Between Agents

Published on Tuesday, 02 October 2012. Posted in Case Studies

Complaint

The Landlord purchased the property with the Tenant in residence. She then instructed new managing agents and asked the previous owner’s Agent to transfer the deposit to her new agents. Following the Agent refusing to transfer the monies, the Landlord referred the matter to my Office.

Legal Action & Security Deposits

Published on Tuesday, 13 March 2012. Posted in Case Studies

Complaint
Mr J (the Landlord) had retained monies relating to advanced rent following the end of the tenancy. As a result the tenants took him to Court where the judge ruled in their favour. During this process Mr J incurred legal costs in excess of £30,000 and, following the judgement, he raised 39 different complaints against the Agent which he considered had contributed to a proportion of those costs arising. The core issue was Mr J’s assertion that
the Agent’s failure to provide all of the prescribed information concerning the deposit to the tenants at the start of the tenancy, had resulted in legal action being taken and his subsequent loss of the Court case.