Managing Agent has gone AWOL?

Managing Agent has gone AWOL?

9:43 AM, 13th February 2023, About 3 years ago 5

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I hope a Property118 member will know how this problem can be dealt with. Our managing agent of well over 20 years has failed to pay rents received and answer queries or solicitors’ requests for a year now.

I have asked the tenants to pay me directly but still inform the agents of any issues. Last month they arranged for some repair quotes, one of which I accepted – the Company doing the repair was paid by me after waiting for 6 weeks and the work was arranged during which time the agent also paid the repair company ( who refunded me instantly).

The tenants ( trustworthy GOOD tenants) have now received a letter from TDS telling them that from May 8th the deposit will no longer be protected. Where do I stand?

I have no objection to having the deposit refunded to the tenant or depositing it with TDS (not insuring), but the Agent is not speaking to me or answering our Solicitor either.

Small claims court seems to be required for rent but what about the deposit he is holding?

All help will be much appreciated

Roy


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Neil Patterson

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Member Since February 2011 - Comments: 3452 - Articles: 286

9:48 AM, 13th February 2023, About 3 years ago

Hi Roy,
The first question is does your agent belong to a Redress scheme and have you made a complaint to them?
Secondly, does the agent have client money protection insurance?

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Roy B

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Member Since August 2013 - Comments: 61

10:16 AM, 13th February 2023, About 3 years ago

Reply to the comment left by Neil Patterson at 13/02/2023 – 09:48
Yes and Yes – TPO and Propertymark/ARLA

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Roy B

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Member Since August 2013 - Comments: 61

17:19 PM, 13th February 2023, About 3 years ago

Reply to the comment left by Roy B at 13/02/2023 – 10:16
Propertymark have stated he is no longer a member and they cannot do much until he has stopped trading so suggest civil action.

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Janice Moller

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Member Since February 2023 - Comments: 1

9:19 AM, 16th February 2023, About 3 years ago

Hi Roy. Please contact the Tenancy Deposit Scheme on 0300 037 1000 and as to speak to Adrian Delaporte, Compliance & Office Manager who will be able to advise you further.

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Roy B

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Member Since August 2013 - Comments: 61

12:44 PM, 16th February 2023, About 3 years ago

Reply to the comment left by Janice Moller at 16/02/2023 – 09:19
I have spoken to them and it looks like I will have to start a new tenancy and get the tenants to reclaim the deposit, which , if not forthcoming, will end up being settled under their insurance scheme – up to 12 weeks though possibly quicker in the circumstances – and this has to be done before the 3 months grace period TDS give runs out.

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