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estate agents liability

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top_driver | 18:48 Tue 27th Dec 2011 | Law
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hi, how are you?

anyone that know actual facts about this would be helpful
i was living in a place for a while, and when i was moving out, i gave the full months notice, but the landlord was unwilling to give me back my deposit, and the estate agent was also unhelpful, if i can make them liable then i can get them to want to get my deposit back, basically, they moved other tenants in within a couple of days of which we moved out, which unless we get our deposit back is ridiculous, they also refused to give back that months rent, in which luckily after a few days we got our bank to stop the transaction, can the estate be held liable
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they should have put your deposit in a scheme, and failure to do so is a big fine!

contact your local council trading standards chap?
How long was your tenancy agreement for and how long did you stay in the house?
btw the rent in advance and security deposit for any damages are different issues!
Question Author
i was there a couple of months, but i was told it was ok to move out before the contract once i gave the months notice, plus they moved someone in as we were moving out, they had them looking at the place while i was still living there, i had the house in perfect shape, in fact in better shape than when we moved in
Do you actually owe them any money for rent outstanding (including your notice) with cancelling that month's rent you mentioned above?

Did you get notification from the agents of your deposit being put into any of the tenancy deposit schemes before or after you moved in?
It's normal to have people looking at the place while you're still living in it if you are renting. I think you can ask to do it between certain times or when you are there but that's about it.

Has there been any significant damage to the property? Is your deposit held with a deposit scheme? (It should be). You can raise a query with them and they have to mediate between you and landlord.
i don't think top driver is in the uk - as far as i remember he lives in eire
From the 6 April 2007 the Agent must place the deposit in one of the approved schemes if you are a tenant with an Assured shorthold tenancy for 6 months. You can only vacate the property before the full term if there is a clause to this effect in your tenancy agreement, or written agreement from the Landlord, if there is not you will be legally bound to pay the rent and perform the other obligations of the tenancy agreement. Your tenancy agreement will show the circumstances in which the agent will return the deposit.
If the agent just refuses to return the deposit and you have fulfilled the terms of your tenancy you will have to take action in the Courts, but I would be very surprised if this were the case particularly if the agent is a member of a professional body.
The fact that other tenants moved in does not remove your liability.
This may not apply in Ireland.
Question Author
i don't owe any rent, i had moved out the last day of the final month i had paid, and the house was spotless, yes i live in ireland, they refused to give deposit back, and now wont contact me backi wouldn't have much clue about any schemes to be honest, but i can try look into it in the new year

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