Problems with letting agent - is it possible to report an agent?

CBCB2

I rented a house from a letting agent last year on a one year lease. The lease expired 30 June 2012. We moved out on that day and left the keys back. We did not indicate to the letting agent that we wanted to remain in the premises.

The letting agent took a further months rent from our account on 1 July 2012, so they now have a month's rent and our deposit. They told us that this would refund the months rent but that they are keeping the deposit as we did not give 28 days notice.

The lease says that the letting agent will contact us 28 days prior to the expiration of the lease to enquire if it will be continued and that once this period has past 28 days notice is required. We received no contact from the landlord prior to leaving, in fact we had to contact them to ask about leaving & what to do to return the keys, etc. The did send a letter then asking if we were continuing the lease but it arrived on 27 June, so 3 days before the lease expired.

Also, approximately 3 weeks prior to the expiry of the lease our next door neighbour was stabbed in the head. We were awoken at approx 2am on a Saturday morning by his screaming girlfriend and had to call the emergency services, etc. We contacted the letting agency at this time and told them about the incident and told them that under no circumstances would we be staying as we felt the area was now unsafe. We called in to do this, so we may not have given written notice but they were well aware that we would be leaving.

I contacted Ulster bank who say no attempt has been made to return the direct debit from 1 July. As soon as I could see the money had gone out, I rang the letting agency and was told it would be returned straight away but that I would not get the deposit back.

So I rang the agency yesterday and all I can say was I was verbally abused down the phone. All I wanted to know was why the money hasn't come back & when it was likely to be returned. I was nothing but polite on the phone.

I was speaking to the wife of the man I normally deal with and she said she didn't know whether I was living under a rock and that it was Ulster Banks's fault. She was only hearing about it now, that I must have thought her husband was Huidini because he doesn't look at the bank accounts. That she was willing to admit if she was wrong but in this case I was nothing but a liar. All I said was the money was taken out 10 days ago, her husband assured me it would be returned, Ulster bank had now returned to normal service and informed me that no attempt had been made to return the money.

I then asked her did she always speak to customers in this manner and she began screaming down the phone at me. And then just stopped and said I'm going to go now and hung up.

So basically I'm just looking for any advice as how to handle it.

Firstly, any ideas on how to get the overpaid rent back?

Secondly, I do think we are in the right regarding the notice period. If not surely we have mitigating circumstances, as our next door neighbour was stabbed? If we don't get the deposit back it's not the end of the world but at this stage I feel I deserve it for the treatment I've gotten.

Finally, is there any way to report this agency? Or anything I can do so that others do not have to go through this? I really feel they need reported that phone call yesterday constitutes abuse. I wish I had recorded it.

odds_on

A fixed term lease expires on the expiry date, full stop, therefore no notice required. You are only required to advise the landlord if you will be remaining in the property and what type of lease you require - another fixed term or a Part 4 lease.

Forget phoning; advise the agent, in writing, as representative of the landlord that you will be making a claim with the PRTB unless you receive all monies (list the exact value, itemized) and that you claim will include:
1. return of your deposit
2. return of the over payment which the agent took.
3. damages for stress and inconvenience for illegally retaining your deposit and claiming the rent when you had vacated the property.

fasttalkerchat

odds_on wrote: »

You are only required to advise the landlord if you will be remaining in the property and what type of lease you require - another fixed term or a Part 4 lease.

Even at that, if there is no contact it automatically becomes part 4 so its fine to do nothing.

odds_on

fasttalkerchat wrote: »

Even at that, if there is no contact it automatically becomes part 4 so its fine to do nothing.

But the tenant may be liable for the landlord's reasonable expenses if he has re-advertised the property.

fasttalkerchat

odds_on wrote: »

But the tenant may be liable for the landlord's reasonable expenses if he has re-advertised the property.

What I mean is that at the end of the contract, if you do not wish to move out you can stay put without making any contact.

nadey

i would get on to threshold asap they would have the best anwers to your problems

i used to have a d**khead of a landlord and once i contacted them everything was sorted and he never got out of line with me again after that

go onto thresholds website and there is lots of information on there

best of luck i hope it all works out for you

questionmark?

CBCB2 wrote: »

I contacted Ulster bank who say no attempt has been made to return the direct debit from 1 July. As soon as I could see the money had gone out, I rang the letting agency and was told it would be returned straight away but that I would not get the deposit back.

The Direct Debit was taking without your permission as you believed the Lease to be at an end thus you can invoke the Direct Debit Indemnity guarantee.

If it is established that an unauthorised direct debit was charged to a Payer’s account a prompt refund is guaranteed by the Payer’s bank. An Indemnity Claim is a claim made by the Payer’s bank in respect of an unauthorised direct debit being applied to its customer's account.

http://www.ipso.ie/section/DirectDebitScheme

odds_on

questionmark? wrote: »

The Direct Debit was taking without your permission as you believed the Lease to be at an end thus you can invoke the Direct Debit Indemnity guarantee.
http://www.ipso.ie/section/DirectDebitScheme

The payer, i.e. the OP should have cancelled the direct Debt to prevent the landlord/agent from collecting further payments.

From the above web site:

If the instruction is cancelled no further collections are permitted.
Write to your Bank if you want to cancel the Instruction

CBCB2

Thanks for all your help everyone.

I'll get on to Threshold this morning and I have already spoken to the bank about not authorising the direct debit. They said they will contact the letting agent to get the money back. Failing that I will contact them about the direct debit guarantee.

I didn't realise that I could report a letting agent to the PRTB I'll definitely be doing that too. Nobody should have to endure that phone call I had with them.

Thanks again!

questionmark?

odds_on wrote: »

The payer, i.e. the OP should have cancelled the direct Debt to prevent the landlord/agent from collecting further payments.

From the above web site:

Yes he should have done that but the fact remains that the Direct Debit was taking without authorization and the bank should recall it.

*not that I work in banking or anything *

CBCB2

Thanks again everyone. The bank has returned the direct debit to me this morning. I don't know how they did it or what they have sorted out with the letting agent.

I've sent a letter requesting the return of the deposit with a copy of the lease highlighting the dates, it does clearly say it expires on 30 June 12, and saying that I am going to report them to the PRTB.

I'll sort out reporting them today.

Fingers crossed I get the deposit now! Thanks for all your help again!

Oh and lesson learned all direct debits will be cancelled in future to prevent this!!

odds_on

CBCB2 wrote: »

Thanks again everyone. The bank has returned the direct debit to me this morning. I don't know how they did it or what they have sorted out with the letting agent.

I've sent a letter requesting the return of the deposit with a copy of the lease highlighting the dates, it does clearly say it expires on 30 June 12, and saying that I am going to report them to the PRTB.

I'll sort out reporting them today.

Fingers crossed I get the deposit now! Thanks for all your help again!

Oh and lesson learned all direct debits will be cancelled in future to prevent this!!

I think it is a thing very few people do.