Aberdeen Solicitors

[Parsnip]

PH massive, I bow to your superior knowledge.

Basically, Moved out of a flat last September, took the agent (on Union Street, near the Justice Mill, name is 4 letters - time in the morning and time in the evening - don't think that counts as naming and shaming ) a month to get the deposit invoice back to us, didn't dispute it and said "fine, give us the money" fast forward to now and still nothing - waiting on the landlord returning the deposit.

So looking for some legal advice - as far as I can tell, the agent is in breech of the housing Scotland act (for not giving us the Landlord's details) and the Landlord is just hoping it will go away. The ammount of money isn't too huge, but is enough that its worth fighting, plus, I am so sick to the back teeth with this I want my money back and hopefully a hefty fine for the agent for not complying with the regs.

It should be an open andf shut case of "stop being an arse and give his money back, next case" but would still like to take legal advice on this - so any decent solicitors for housing stuff in Aberdeen?

I am taking the moral highground by not getting a load of keys cut from the spare I definatley don't have and distributing them amongst some tramps

[MGZRod]

I believe I know which agents you're on about, black office TVs in window?

Your deposit should have been placed in a deposit scheme and you passed on the information about whatever scheme is holding the deposit. The agency nor landlord can sit on the deposit. This has been active since mid summer last year and the agent has no excuse to be sat on the deposit.

Enquire about that and see what they say. A bad situation to be in but you will get your money regardless.



Post coffee edit: Get onto the phone with them and ask for LL details just so you have it, is it on not stated on your lease?

They have 1 month to either return deposit or put a claim in for costs from the scheme. They should have emailed you all the details of the scheme that they use a couple months ago.

Edited by MGZRod on Wednesday 9th January 10:04

[Parsnip]

Thats the one.

Unfortunatley, we moved in before the scheme went into effect and moved out before is became mandatory, so no dice there - have already asked about that.

Edit - I think the request for the LL details has to be in writing (which it was - assuming an e-mail counts as writing?) either way, it is documented. The details for the LL on the registration site just gives the agent's address, so that doesn't really help. I don't know if that will work for small claims court, as the agent will just say the LL (obviously) doesn't live at the address.

I suspect it will take an hours sit down with a solicitor, them to draft a scary letter and that to be the end of it.

Edited by Parsnip on Wednesday 9th January 10:08

[MGZRod]

That does complicate things. What was your move-out date?

Do you have signed copies of inventory etc?

[Parsnip]

MGZRod said:

That does complicate things. What was your move-out date?

Do you have signed copies of inventory etc?

Moved out at the start of September. Have got signed copies for painting and cleaning (the usual stuff) after they inspected the place. Have confirmed that the council tax and all bills were closed out - not disputing any of that though and have agreed on the ammount. Asked the agent how they paid for this if nothing has came back from the LL and he claimed they have never seen a penny of it.

[cstrachan]

Small claims court?

From my limited knowledge (renting a property) you will take the landlord not the agent to court as it is the landlords responsibility to return the deposit even if it was held by an agent (even if the agent does a runner with the cash).

[MGZRod]

In that situation I would suggest small claims court if communicating with the agent doesn't get you anywhere.

[Parsnip]

I thought that would be the case, but again, the only contact I have is with the agent and the only address I have for the LL is the agent's address.

I assume this is why the housing scotland act states that the agent needs to fork over the LLs details within 21 days of a request - as it stands any small claims action will go to the agent, with the LLs name on it and they won't open it, so I was hoping a solicitor would be able to scare the agent into handing over the LLs details or being a bit more proactive with getting the money from the LL with a threat of a fine for breaking the housing scotland regs hanging over them.

[cstrachan]

The landlord must be registered with the council do an FOI request on the council for his details. This will be free and should be detailed on the council website how to submit an FOI request.