I would contact the agent - you're not happy about the deposit being withheld - ask him for the name of the house owner - agent will say he can't divulge that - you tell him you'll get that information from The Land Registry (available on line) (I'm assuming your daughter doesn't know the name of the owner.) You want the owners name because you're going to instruct a solicitor to look into the affair - and a solicitor's letter has to go to the owner. The agent is doing dodgy stuff with the students - he's probably not squeaky clean with the owner - could very easily be charging the owners for work that wasn't carried out etc. My guess is that the agent will probably be telling the owner that repairs are needed - they're not - and he'll be pocketing the money. Also the owner may well not be declaring everything for tax purposes and doesn't want things looking at too closely. My guess is that neither the agent nor the owner will want 'officialdom' involved and they'll back down. Go for it!
Put it this way, he's charging our lot for a "deep clean" of the property that was quite obviously never done, before they moved in.
At least when we had the issue it was just after the law about deposit protection came in - we went easy on him partly because I think he was genuinely surprised that he couldn't strong-arm people like he had in the past. The satisfaction and adrenalin from that meeting was worth the money alone! Sounds like the one fired is dealing with is far worse - there's absolutely no way you can still be unaware. I wish I could see his face once this blows up.
He's a con-merchant - frighten him with 'officialdom' and he'll back down. Phone him in the morning -- you've taken legal advice re return of deposit and can he give you the name of the house owner as you want to discuss things with the owner.
Landlord has always taken it out first for my eldest, but they have been reasonable amounts. Gets the money back quicker.
Jamdrop is right and re-iterated what I said. Don't forget to put a line in the letter that (assuming it's not owned as a limited company) if the landlord loses at court he will have a ccj on his credit file for six years and wouldn't get a BTL mortgage, proper credit card etc. Where I differ slightly is it won't cost £300 up front. Around £80 would be my guess at moment to start the claim and issue the summons. You have to pay a fee for a contested hearing but you get that back when you win. You also get interest on it all at 8% and can claim £90 expenses for a lay person to attend and speak for you. A lot of people are scared of court but I'm weird and actually think it's fun. Especially watching an arsehole squirm.
Yep, you're wierd. Plus it sounds like you've done it a few times. How do you keep getting yourself into this position where you need to take landlords to court?
The thing i can’t get my head around is why this agency would risk not registering the deposits with one of the three organisations. As far as we know the director worked in business law so must know it’s a requirement. He hasn’t given themdetails of any deposit company though and using the checker we can’t see their deposits have been put into a scheme. He’s so slippery though I can’t help thinking he’ll have it covered.
Is it a well known agent or a one man band? I would be following the advice already posted. Threaten legal action, quoting the 3 x amount of deposit refunded legislation. They'll soon come round.
It’s not the agencies job to protect it, it’s the landlord’s legal responsibility. A landlord may ask or expect an agency to do so but they are the ones who are liable if it isn’t done. The tenant sues the landlord and then the landlord can maybe try and claim it back off the agency depending, I guess, on what their contract says.
Reading the replies it looks as if it's the landlord you need to contact and if everything he/she does isn't squeaky clean then you'll get the money back. If he's happy to employ a dodgy agency then he's almost certainly not straight himself. I have a good feeling about this!
Dispute that. Once they tell him that he ll be shitting himself and they won't get their full deposit back quick enough!!
Hi mate, I've taken a few organisations to court over the years but never a landlord personally. I've helped friends and (most often actually) their kids who've had some difficulties with landlords. It boils my blood as a landlord to hear of the rogues, they get us all a bad name. It can be awkward following the letter of the law at times but that is no excuse for acting like an ar5e. Good thing is that when they don't follow the law, they become fair game