Hi Everyone
Id just like some advice here… preferably legal if there(s) anyone in that profession.
Im a tenant in a rented property which i have been renting for a long period of time, and the LLord is happy with the condition of the property, and has been getting regular rent, etc, etc.
The Contract is imminently coming to a renewal date. I’ve had the new AST sent to me and ive checked it and the Deposit that the Letting Agency are claiming that 5 weeks is held…not the 3K, that was originally given when moved in.
But under the current contract which was signed on the 24th June 2019 the Deposit was listed as 3K. Its come to light that the DPS states that the Tenant Fee’s Act came in on the 1st of June 2019.
My question is has the Agency mislead me?
As they haven’t advised anything or had no contact regarding the amount on the AST regarding the deposit?
Thnx
Hi Robert, I’d like to help but it’s not clear to me what the issue is yet. Would you be able to rewrite this section?
The Contract is imminently coming to a renewal date. I’ve had the new AST sent to me and ive checked it and the Deposit that the Letting Agency are claiming that 5 weeks is held…not the 3K, that was originally given when moved in.
But under the current contract which was signed on the 24th June 2019 the Deposit was listed as 3K. Its come to light that the DPS states that the Tenant Fee’s Act came in on the 1st of June 2019.
Sam
Hi Sam
Sure will do.
So i am currently in a AST which started on the 25th June 2019 & is ending on the 24th of June 2020. In this AST we notice that there is a Deposit amount of 3K. The 3k deposit amount is the total amount given to the Agent, when we moved in some years ago.
However, the new AST has arrived, which starts from 25th June 2020- for 1 year. But, the deposit listed in this AST is only the 5 weeks, not the full value of 3k.
I have challenged the Agent and they have come up with some waffle.
What id like to know is…
Should the current AST from the 2019/20 have the 5 weeks not the 3k listed?- as it was signed after the Tenancy Fee’s Act came into force.
Has the Agent mislead ourselves?
Are there any legal implications?
Robert - apologies if I misunderstand
read this, if you haven’t already
https://www.depositprotection.com/news/latest-news/2019/the-tenant-fees-act-and-tenancy-deposit-cap
It sounds to me like they should give you some of your deposit back on 24 june - the amount being the difference between the 3,000 and 5 week’s rent.
Maybe reach out by phone to clarify with the agency? . If not satisfied, maybe talk to the landlord directly and he/she can thenn help to ensure everyone is aligned
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Surely the key is how much rent does he pay
Hi Robert, any deposit in excess of 5 weeks’ rent must be partially repaid to the tenants upon a renewal, so that the deposit no longer exceeds five weeks’ rent. If not, this will be taken to be a prohibitted payment under the Tenant Fees Act.
The agent should return any excess amount before renewing. Here is a guide on how to make a partial deposit repayment.
Sam
Hi & thanks for the advice.
I have spoken to the Agents, and have had detailed emails.
The last email stated that they were immediately sorting the problem out, but that was yesterday morning.
This morning after i spoke to the Landlord i got the Manager is away on Pregnancy leave, but still working.
I totally agree there is an amount that should be returned, & as of today they have acknowledged it. But trying to get the actual monies is a different story.
1 Like
Hi Colin
The amount is £1000.00
Hi Sam
This is what i needed to know
“The agent should return any excess amount before renewing. Here is a guide on how to make a partial deposit repayment” The new agreement doesn’t start till 25th June.
The Agent has said that if we dont sign, we they will market the property, and show potential Tenants around.
so the deposit is 5 weeks rent max. any more you are due back
Hi Colin
Im due the best part of £1700 to be returned
robert34 A handy amount in these hard pressed times!
To me the amount of cash isnt the issue…
Its Policy & Proceedure, shurly a nationwide business have these in place…im just dumbfounded
There has to be a legal angle on this, im furious with the agent - how many other Tenants are being treated like this…
I stopped using these sort of agents Some of my tenants have been with me so long they never put down a deposit. and usually I ask for one month. The amont agents charge a landlord got to be ridiculous . so last couple of properties I put on openrent and handled everything else myself. Its cheaper for tenant and Landlord
So is the situation that:
- your paid £3,000 originally
- the new deposit will be £1,153 (which is the maximum for £1,000 pcm, found using our rental deposit calculator)
- and you are concerned that the agent is going to simply keep the difference, i.e. £1,847?
- and if you don’t accept this, then they will let the property to someone else?
Let me know if I’ve understood the situation and I can help from there.
Sam
Hi Sam
Almost correct.
The Agent has agree’d the sum to be returned, £1,847. They said that they would do it immediately, that was this Monday gone, after id spoken to them, and advised that there was a problem in the 2019/20 contract (current)
Its now Thursday, and still no money has arrived, or any further comms from them…and not chased as of today- as busy with work.
Yes, they have said i need to sign up for another year or they will Market the property to show tenants around
Thnx
So you sign up and get your refund as well sounds good
not really…
As i feel that im being bullied into doing something, to get something in return.
Something that i should be entitled to legally, regardless of any contract dates.
I mean yes, i will be renewing- but thats not my issue
Aren t they doing what you ask?