Odd tenancy / deposit situation...

Avicus · 29 Aug 2013 at 20:34

Hi guys. I'm having a strange disagreement with the weasel of a letting agent that manages the flat I rent...

Anyway, this is how it has been at the property so far:

Tenancy 1 - Me and my ex
Everything was fine (until we broke up); started the tenancy easily, no stupid charges, it was all good. Deposit was registered to us with the DPS for the length of the tenancy, with me as the lead tenant.

Tenancy 2 - Me and current flatmate
Started up a new tenancy; again no stupid charges. On the deposit, I instructed the agent to deregister the deposit from Tenancy 1 and reregister for Tenancy 2.

Tenancy 3 - Me and potential new flatmate
Current FM is moving out, and I've given him back his share of the deposit. I already have someone lined up to move in and start a new tenancy, but the weasel agent wants a bunch of nonsense admin charges on top of everything this time.

During a bunch of heated email conversations, the agent accidentally revealed to me that he didn't follow my instructions on the deposit for the current tenancy (tenancy 2), so the deposit for the old tenancy is still at the DPS.

I know there are penalties on landlords for not registering deposits for a tenancy, and I'm considering pursuing this with court action, just because they're being so greedy about these extra fees.
(I have email evidence of everything; I refuse to have phone conversations with them)

Has anyone else had problems with agents / landlords and deposits?

Jono8 · 29 Aug 2013 at 20:55

Problems with letting agents? No...never

*spits* *pfft* *scum*

Mr.Stu · 29 Aug 2013 at 21:03

I'm not sure of the exact rules for changing of tenancy names, assuming you are at the same property, but a slice of anecdotal chat that might help you decide:

We moved out of a property in March, we were there 2 years. Landlord was dragging their feet with deposit, and querying silly nonsensical things. Turns out they did not protect it with any scheme. I confirmed by ringing each company.

I threatened them with court action (As you state, they will get fined if no protection within 30 days). The following day I had my full deposit returned.

Destination · 29 Aug 2013 at 21:07

Avicus said:
Hi guys. I'm having a strange disagreement with the weasel of a letting agent that manages the flat I rent...

Anyway, this is how it has been at the property so far:

Tenancy 1 - Me and my ex
Everything was fine (until we broke up); started the tenancy easily, no stupid charges, it was all good. Deposit was registered to us with the DPS for the length of the tenancy, with me as the lead tenant.

Tenancy 2 - Me and current flatmate
Started up a new tenancy; again no stupid charges. On the deposit, I instructed the agent to deregister the deposit from Tenancy 1 and reregister for Tenancy 2.

Tenancy 3 - Me and potential new flatmate
Current FM is moving out, and I've given him back his share of the deposit. I already have someone lined up to move in and start a new tenancy, but the weasel agent wants a bunch of nonsense admin charges on top of everything this time.

During a bunch of heated email conversations, the agent accidentally revealed to me that he didn't follow my instructions on the deposit for the current tenancy (tenancy 2), so the deposit for the old tenancy is still at the DPS.

I know there are penalties on landlords for not registering deposits for a tenancy, and I'm considering pursuing this with court action, just because they're being so greedy about these extra fees.
(I have email evidence of everything; I refuse to have phone conversations with them)

Has anyone else had problems with agents / landlords and deposits?

Good leaverage, make them aware they can pay the DPS fines, or waive the BS charges for the new agreements?

V4NT0M · 29 Aug 2013 at 21:10

What fees? How much?

Avicus · 29 Aug 2013 at 21:10

Yeah, I'm still there, but Tenancy 2 was a new tenancy agreement after Tenancy 1 ended.

I've lived in a previously houseshare where there was lots of assignment of the tenancy (name changing) instead, and that agent deregistered and registered the deposit each time; they were really good (shocking I know!)

These idiots are just lazy and want a little bonus; it's really tempting to pursue the penalties but at the same time it's a lot of hassle.

GRRRR!!! *shakes fist*

Avicus · 29 Aug 2013 at 21:15

Skyfall said:
What fees? How much?

£120. Initially that was for "a new tenancy agreement". I called them out on that, because their website clearly states they do it for free.

Then it was for "deregistering and registering the deposit", and I called them out on that too, because it's not part of the current tenancy agreement, and it isn't an advertised charge on their website for new tenancies either.

Now it's turned into "associated administration". Ha!

Jono8 · 29 Aug 2013 at 21:20

Mine wanted £80 to renew our tenancy. £80 to change two digits in a word document...they can **** off. I contacted the landlord directly and sorted out things with him instead saving us both money on renewing the tenancy

The thing that made me laugh most of all was that they said they wouldn't print the contract and that all contracts and paperwork would be delivered digitally via email for "safety /identity purposes" . So for £80 they weren't even going to print it off!

Of course if i wanted to cancel or not renew , that had to be in writing and sent recorded delivery :rolleyes:

Surfer · 29 Aug 2013 at 21:22

shame you ain't in Scotland...as such fees are illegal.

Avicus · 29 Aug 2013 at 21:30

Jono8 said:
Mine wanted £80 to renew our tenancy. £80 to change two digits in a word document...they can **** off. I contacted the landlord directly and sorted out things with him instead saving us both money on renewing the tenancy

Yeah, I'm thinking of contacting the landlord, because it's him I'd have to take court action against! I doubt he'll be pleased if he learns that the idiots he's paying to manage the property could make him out of pocket an extra £3k...

zipp0r · 30 Aug 2013 at 03:48

hold your horses.. the deposit is protected? im pretty sure it doesnt need re-registering for a new tenancy.

househares you've been in work different, they dont do any de-registering / re-registering of deposits at all since they are not protected and anyone that said they were doing that did so to keep you happy.

mjt · 30 Aug 2013 at 05:55

Not much help, but your mistake was giving your (ex)flatmate his deposit money before the new guy moved in.

Have fun with this mess, they're all crooks!

Haggisman · 30 Aug 2013 at 08:48

Tell them you're not paying it and it's their choice if they want to register the deposit correctly, however if they don't you'll be taking them to court.

Avicus · 30 Aug 2013 at 09:34

zipp0r said:
hold your horses.. the deposit is protected? im pretty sure it doesnt need re-registering for a new tenancy..

Currently the DPS still has the old deposit, with the two tenants registered as me and my ex, with the tenancy listed as ending 30th June 2012...

Anyway, I've been informed that they're removing the admin charge "as a gesture to get things moving forward". I think I'm going to leave it at that; as much as I'd like to make them squeal, it's a lot of hassle and stress to pursue.

dfarrall · 30 Aug 2013 at 09:35

Jono8 said:
Mine wanted £80 to renew our tenancy. £80 to change two digits in a word document...they can **** off. I contacted the landlord directly and sorted out things with him instead saving us both money on renewing the tenancy

Believe mine charge £120 to renew your tenancy.. absolute extortion but the house was perfect. Maybe i'll find somewhere by next year though and escape the fees.

Haggisman · 30 Aug 2013 at 09:46

Avicus said:
Currently the DPS still has the old deposit, with the two tenants registered as me and my ex, with the tenancy listed as ending 30th June 2012...

Anyway, I've been informed that they're removing the admin charge "as a gesture to get things moving forward". I think I'm going to leave it at that; as much as I'd like to make them squeal, it's a lot of hassle and stress to pursue.

More like they know they don't have a leg to stand on and have realised you're not easy pickings. Typical LA, they try it on with everyone.

Theophany · 30 Aug 2013 at 09:48

dfarrall said:
Believe mine charge £120 to renew your tenancy.. absolute extortion but the house was perfect. Maybe i'll find somewhere by next year though and escape the fees.

Just refuse to pay them. Ask exactly what work is done to justify their exorbitant admin fee (**** me, it's cheaper than relisting the property and losing the income stream you give them) and when they inevitably go sheepish, you've saved 120 sheets.

V4NT0M · 30 Aug 2013 at 10:55

Avicus said:
£120. Initially that was for "a new tenancy agreement". I called them out on that, because their website clearly states they do it for free.

Then it was for "deregistering and registering the deposit", and I called them out on that too, because it's not part of the current tenancy agreement, and it isn't an advertised charge on their website for new tenancies either.

Now it's turned into "associated administration". Ha!

Yep, that's pretty ridiculous. You should definitely call them out on the deposit if they don't want to budge on the charge.

Showboat · 30 Aug 2013 at 11:38

Surely this is in your agreement.

If someone moves out you need to pay the agent fees for finding a new tenent and the signing of the agreement.
They are not going to do this for free, even if you provide the tenant.

Avicus · 30 Aug 2013 at 12:01

Showboat said:
Surely this is in your agreement.

If someone moves out you need to pay the agent fees for finding a new tenent and the signing of the agreement.
They are not going to do this for free, even if you provide the tenant.

It's not in my agreement. The current assured shorthold tenancy with me and my current flatmate ends today. We're not changing tenants mid-tenancy.

Their website clearly states that they prepare all tenancy agreements for free, so why would I want to give them money for nothing?