Tennants and Bond issue

[Glen]

Just over nine months ago I decided to rent out my house and move to a new area. In doing so I employed a local estate agent to handle the marketing of the property and collection of rent. After a bit of bumpy start they got a young couple into the property, took their rent and bond and they've been there ever since.

Fast forward to now and the agent rings me to say the tenant has just handed in the notice to terminate with a leave day of end of March. After a bit of digging it turns out that the agents have yet to take the full bond from the tenant 8 months after they moved in so they have have half (200 of the 400 originally required)....

This obviously concerns me because I've been to the house recently and am aware of some damage to the walls and carpets that would fall outside of the usual wear and tear..

My question is, can I insist the agent make up the shortfall (in the event that I need to deduct for damage) or am I going to be left footing the bill out of my own pocket. I've not pushed the point with the agent yet as I was in a rush but plan to pop in to the office in a few days and want to get an idea where i stand.

[The Artist]

Read the contract between you and the estate agent.

[Rogerborg]

^^^
That. If you suffer loss and can show a breach of contract, it's probably easier to pursue the agent than the tenant.
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[daemonoid]

Assuming no giant get out clause in the contract then yes it's the estate agents fault. Even a get out clause may not be upheld, because you employed them with the primary job of getting the tenant and handling the money. They have failed...

However, getting the cash out of them may be like getting blood from a stone. Chasing them for the next 2 years for £200 is probably not worth your time.

The next question is... Were you intending using them again? Other than this £200 issue have they done a good job? You will probably have more luck knocking £200/£300 off their fees for the next tenant than getting it back in cash.
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[Hetzer]

"£200 or your windows, your choice."
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[slowlydoesit]

[iooi]

I thought the idea was you paid the bond either before or with the 1st months rent....
NOT as you go along.

Seems pretty clear to be the agents issue not yours.
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[Tracey Suntan-King]

Landlords are legally obliged to place tenants' deposits into one of three recognised protection schemes. Not doing so places the landlord at risk of prosecution and frees the tenant from possession proceedings if they default in any way. If the tenant were to find out that the deposit has not been placed in a recognised scheme, they can, through a magistrates court, claim their deposit back plus up to three times the deposit.

Your first task should be to ask the agent what they have done with the deposit/bond money they have taken already, as a priority over how much they took. You may be more exposed than you think.

You appear to have a claim against the agent for maladministration, however it doesn't solve the matter of reimbursement for damage or the fact that as a landlord you may have broken the law.

Your tenants are in a strong position here if nothing has been placed in a recognised scheme. Oh, and whatever they tell you, placing deposits in "their own scheme" doesn't count.

See here

Good luck
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Whether you think you can, or think you can't, you're probably right

[janner_10]

Speak to the agent about your concerns, I'm sure a reasonable conversation will reveal its a small oversight on their part.
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[Rogerborg]

[Tracey Suntan-King]

^^the agent has collected half! the tenants have been there 8 months and are now moving out. If the partial deposit hasn't been protected from the start then it's a bit late now.
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Whether you think you can, or think you can't, you're probably right

[Rogerborg]

The tenants have withheld half.

Settle down.
____________________
Biking is 1/20th as dangerous as horse riding.
GONE: HN125-8, LF-250B, GPz 305, GPZ 500S, Burgman 400 // RIDING: F650GS (800 twin), Royal Enfield Bullet Electra 500 AVL, Ninja 250R because racebike

[Kari-On]

Not worded into the contract that estate agent, if managing the letting, will place deposit into the scheme?

[Wonko The Sane]

[Kari-On]