PRTB - estate agents refusing to cooperate

thesiren

Hi all,

I created a thread some time ago about a PRTB hearing, which was organised as the landlord had not given me my deposit which I was entitled to. The landlord agreed to settle 'out of court', so to speak, and returned my deposit in cash so I cancelled the hearing.

However I also took a case against an estate agents who also refused to return my deposit (I did my research and I was definitely entitled to get my deposit back). A hearing was organised, and I received documentation in which the estate agents claimed they sent me my deposit by cheque but I 'never cashed it' (if I received a cheque for 500 quid, I'm hardly likely to just do nothing with it). Furthermore, I had said there were serious health hazards with the apartment and they claimed in the documentation that they had organised a surveyor to come out: this is a lie (I did a lot of research on this too and the surveyor never heard from the estate agents). There were several other issues which they lied about. However a week before the hearing they contacted the PRTB and offered to give me the deposit back if I dropped the case. I agreed, as frankly I really need the money. They said they'd post the cheque to arrive with the PRTB before the day of the hearing, so the PRTB agreed to postpone the case incase the cheque arrived 'on time'. It never arrived. The estate agent then claimed they posted out a second cheque which again did not arrive with the PRTB. Last Friday the estate agent was given my bank details to transfer the money directly and have a deadline of tomorrow - but lo and behold, no money has arrived and I'd be very surprised if it does arrive by tomorrow.

At this stage, my partner is tempted to go to the papers about this, because the estate agents have lied time and again, both to me and the PRTB, and I am entitled to this money. And if this is happening to me, I have no doubt that it's happening to other tenants of this estate agent.
Could anyone advise what the best course of action is? The PRTB said that if the money doesn't arrive this week then they'll organise another hearing but I don't want to end up with that getting postponed because the estate agents promise again and again that they'll give me my money but not actually follow through on their promise.

D3PO

seriously why would you postpone a hearing. It takes two mins to transfer money electronically. if they want to do it then have them do it if they don't then see them at the tribunal

thesiren

D3PO wrote: »

seriously why would you postpone a hearing. It takes two mins to transfer money electronically. if they want to do it then have them do it if they don't then see them at the tribunal

I wasn't happy about the hearing being postponed but the PRTB seemed to believe the the estate agents would pay up in time.
I'm just hoping that the PRTB will go ahead with another hearing/tribunal because clearly the estate agents in question are absolute chancers and totally untrustworthy.

Zulu

Hang on, I'm a little confused...

thesiren wrote:

The landlord agreed to settle 'out of court', so to speak, and returned my deposit in cash

So you got your deposit back?

thesiren wrote:

However I also took a case against an estate agents who also refused to return my deposit

Haven't you already got your deposit back? Did you pay two deposits?

thesiren

Zulu wrote: »

Hang on, I'm a little confused...

So you got your deposit back?

Haven't you already got your deposit back? Did you pay two deposits?

My original post stated that I had created a thread on this forum a while back about how a landlord refused to return my deposit, and eventually decided to settle the 'case'. I *then* said that I *also* took a case against an estate agents who did the same thing to me (refusing to return a deposit that I was legally entitled to), and it is they who are refusing to cooperate with the PRTB

Zulu

thesiren wrote: »

My original post stated that I had created a thread on this forum a while back about how a landlord refused to return my deposit, and eventually decided to settle the 'case'. I *then* said that I *also* took a case against an estate agents who did the same thing to me (refusing to return a deposit that I was legally entitled to), and it is they who are refusing to cooperate with the PRTB

Ok, so the landlord and the other deposit have nothing to do with it. You are trying to recoup a deposit you paid to an estate agent who hasn't returned it. (right?)

Doop

Well theyve had their chance just go ahead with the hearing.....

djimi

Doop wrote: »

Well theyve had their chance just go ahead with the hearing.....

Agreed. If youre absolutely certain that you are in the right then ignore any further offers to settle (inform the PRTB to do the same) and have your hearing. At least with a hearing in your favour it puts you in a much stronger legal position should you need to take it further.

Rasmus

OP just wondering how you managed to take a case against the agent? (As tenants can only file against the LL, not the agency.)

thesiren

Rasmus wrote: »

OP just wondering how you managed to take a case against the agent? (As tenants can only file against the LL, not the agency.)

I'm not sure myself - when I rented from the estate agents, I asked to speak to the landlord several times due to problems in the building and myself and the other tenants had no luck - but anytime I've been in touch with the PRTB, they have said it's the agents they are dealing with and who owe me the deposit.

thesiren

Zulu wrote: »

Ok, so the landlord and the other deposit have nothing to do with it. You are trying to recoup a deposit you paid to an estate agent who hasn't returned it. (right?)

Yep that's correct: when I moved out they said they would send me my deposit by cheque. They never did, I kept phoning to ask about it and then after about 2 wks of me phoning and them not returning my calls they just started hanging up when I did ring them. Also I couldn't go down myself as they were only open 9 - 1pm and 2-5pm and I worked during those hours. And now again they have said they'd send a cheque to the PRTB and that would be sent to me, and they haven't done this (nor have they transferred the money into my account which takes all of a few mins to do)

thesiren

djimi wrote: »

Agreed. If youre absolutely certain that you are in the right then ignore any further offers to settle (inform the PRTB to do the same) and have your hearing. At least with a hearing in your favour it puts you in a much stronger legal position should you need to take it further.

Many thanks for this - I think my main concern is, the PRTB have let it go on for some time now, despite this estate agent point-blank lying to them on numerous occasions, and I don't want this to continue anymore. I'm hoping the repeated lies might count in my favour and mean that a hearing is the only step forward (and soon, cos it's not fun to keep going to the atm to see if the money is there and keep getting let down)