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Landlord took back house, agent won't return unused rent

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Author Topic: Landlord took back house, agent won't return unused rent  (Read 47 times)
Newbie
Posts: 2

I like property

« on: November 11, 2020, 01:43:34 PM »

I paid my rent in advance to a private agency. The actual owner entered our house and left notices on everyone's doors claiming the agency wasn't paying them and that they were taking the property back, in phone calls with some of my housemates they threatened to change the locks immediately, but reached a "compromise" of allowing us to stay for 2 weeks, despite us having paid for a month or more. The agency ignored my request for information so I vacated the property 4 days into the month without notice, returned my key, and made a claim for my deposit and rent back (minus 4 days) which they did not object to. I informed them at the time that I considered them legally negligent and in breach of contract, which they did not deny.

Over 2 months later I have not received my rent back. They HAVE finally relented and given me my full deposit back, though initially they tried to deduct my 4 days rent from that instead of the rent payment. Am I legally in the right and what's the process for starting a claim? 

Thanks in advance to all!
Global Moderator
Hero Member
Posts: 1021

I like property

« Reply #1 on: November 11, 2020, 02:12:58 PM »

Assume this was an HMO? As I understand it,the landlord 's dispute with the agents (who act on his behalf) does not give him the right to act in this way,disregarding your legal rights. He could have arranged for you all to start paying rent direct to him,so his actions don't make much sense. He is the one you should be pursuing.Was the deposit correctly protected? I would contact CAB or Shelter.I hope you kept or photographed the notices left on the door.   
Newbie
Posts: 2

I like property

« Reply #2 on: November 11, 2020, 05:08:49 PM »

Hey thanks for your reply. I don't know what a HMO is. I have no contact details for the landlord, the other tenants knew her from before but I never met her. Yes I have a photo.  The deposit was protected and I got it back. My only issue is 1 month's rent minus 4 days. Do I have a case against the agency and what's the procedure to follow?
Global Moderator
Hero Member
Posts: 1021

I like property

« Reply #3 on: November 11, 2020, 05:47:03 PM »

It's a House of Multiple Occupancy,with (I think) four or more people who are not related sharing the place.You should have had an agreement/ lease, on it does it have the landlord's details or were the agents letting to you? You could go online and follow the procedure to claim your money back from the Small Claims Court.It is not difficult to do.You should inform the other party in writing (keep copies and proof of sending) that this is your intention, unless you are paid within say 14 days.You might also be able to claim more if having to move out so quickly caused you financial loss,but that is probably not worth the hassle. 
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