UK Landlord Forum / Life

Ok , about a month ago , our agent cancelled our contract without giving the statutory required 2 months notice, (we are currently in dispute with them regards reimbursing the management fee they took!  its Whitegates in Walton Vale Liverpool)

anyway the new agent has requested that Whitegates forward the tenants rental bond to them as they are our new legal representatives , to this date whitegates have not done so & I contacted the tenant requesting that the instruct whitegates to transfer the rental bond to the new agent , however the tenant has failed to acknowledge my text ,( I live in Australia)

Who should hold the rental bond the new letting  agency or the old one i.e. Whitegates, ( they are completely useless!!)

Your advice please!

Hello bernier,

If Whitegates are holding the money directly (by using an insurance backed fund) then they must move it to a new legally recognised scheme, deposit or custodial.  If Whitegates have lodged the money with a deposit scheme (your teanancy agreement copy will tell you which) then the only action necessary would be noting your new agents by the scheme administrator.

Despite your distance you should not involve your tenant in this, as it's between you and your agents.  If you new agent is hitting a brick wall then they are paid to remove problems.  If you wanted you ouls write a letter to Whitegates.  Key points are:
+ They hold the deposit;
+ They are no longer party to the tenancy agreement;
+ You are legally obliged to secure the deposit properly;
+ Now you have left Whitegates they must release the funds to allow it to be secured properly;
+ They have until xx/xx/xxxx (a reasonable date) to provide you with the funds.
+ If they don't then they will be laible for any fines and penalties you become leglly bound to pay and you will start court procedings (Small Claims or Winding Up petition) to get the return of your money.

Be prepared to follow through.

I hope that will prompt some action at there end.  Please let us know how you get on.

Hi jeremy
well followed your instruction but without threatening legal action I wrote a politely worded email yesterday and bingo about ten minutes ago I received an email informing me the deposit was being transferred today plus I finally received my management fee refund of 60 quid back which was promised over one week ago! but which had dragged on for over a month.

What also helped was that I had complained to the franchise company who licensed whitegates walton vale an they are currently looking into my claims of mismanagement etc, thanks for your advice!

One thing bad management companies seem to forget is, all their emailed correspondence and poor communications, mismanaged invoices etc dont get deleted! they are all kept on file for when the time is right, and if there is anyone reading this post in Liverpool and is even thinking of using Whitegates Walton Vale Branch , I'd have to say NO! dont do it!