Estate Agent won't return deposit

So far you haven't done anything that breaches your contract. Keeping the keys past your date or causing damage could only hurt your case if this really goes south.

First try the diplomacy route. Show her the EFT payment on your bank statement. Then let her know that you will go to the housing tribunal. Ask her what she would have done if she was in your shoes.
 
vicv said:
The original deposit has vanished. Now they won't give it to us because they don't have it.

If that makes sense to you.
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This makes no sense according to the law:

http://wiki.tpn.co.za/tpn/landlordfaq/Am_I_obliged_to_pay_the_tenant_interest__41

In terms of the Rental Housing Act, if the landlord holds the deposit, he / she must invest the deposit in an interest bearing account with a minimum rate of interest applicable to a savings account.

The tenant is entitled to request written proof of the interest earned and if requested, the landlord is obliged to provide such proof.

If the deposit is held by the estate agent; the deposit must be held in a trust account and the interest earned on the trust account is payable to the Estate Agents Affairs Board, unless the lease agreement provides that the interest is paid to the tenant.

Please also refer to the section on Refunding the Deposit.
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And

http://wiki.tpn.co.za/tpn/landlordfaq/Refunding_the_deposit_51

Refer to sections on incoming and outgoing inspection and interest earned on the deposit.

Further, the landlord can apply the deposit to any amount due by the tenant - outstanding rent or utilities, reasonable payment for damages to the property (for example: cleaning of carpets, lost keys or remotes and returning the state of the property back to its original state at the beginning of the lease), fair wear and tear excluded.

If during the outgoing inspection, it is established there are no damages, the deposit must be refunded within 7 days of expiry of the lease.

If during the outgoing inspection, damages are noted, the balance of the deposit must be refunded within 14 days of restoration of the property.

If the tenant fails to attend the outgoing inspection, the balance of the deposit must be refunded within 21 days of the expiry of the lease.

The tenant is entitled to all receipts for the cost of repairing any damages.
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Should you be correct under the reasons stated by your current conditions, then the agent committed FRAUD and BREACHED the Rental Housing Act.
 
abzo said:
Ok let me try again. When it's looking like you definitely won't be getting your deposit back, cause damages to the place that are equivalent to the deposit. Got it?
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Aha. Although I see the potential fun that could be had here, the money is much more important unfortunately :)
 
Can't agree.

Don't cause any damage.
Hand back the keys.
Scrupulously carry out your side of the agreement.
Write them a polite sunny letter citing the relevant deposit clause in the Agreement, asking for return of your deposit within 14 days (or whatever is reasonable). Attach proof of all payments to show that monthly rentals were covered as well as the deposit. Address the letter to the owner/principal/partner/MD. If part of a group/chain, cc the Group CEO.

Follow up in a fortnight, with another letter, also addressed to a specific person who is an officer in the organisation. This time say that failure to return your deposit within 7 days will result in legal action. Copy their auditor/accountant if you want (they might well advise their client to cough up).

If after another fortnight or so they haven't paid, go the your local Small Claims Court Commissioner and follow the cheap and relatively unbureaucratic process of issuing summons. They can't get a lawyer to handle it for them - the owner has to appear in person.

Typically, they will offer to pay within 24 hours. When they do, tell them you also want an extra Rx000 to cover your costs (Small Claims Courts do not make awards for legal costs), but nothing stops you from recovering your costs from them.
 
vicv said:
I was hoping to keep it as short and sweet as possible. Something along the lines of the person responsible for holding the deposit( on behalf of the agent) vanishing along with the money and now it's our responsibility instead of the estate agent.
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That's pretty screwed up they're not supposed to hand the money to someone to keep under a mattress it should be kept in an interest bearing trust account.
 
Was just looking for the documents before I mentioned that I have sent a complaint to the Estate Agency Affairs Board regarding the issue, but it seems to have fallen upon deaf ears and I recieved no response.
 
R13... said:
That's pretty screwed up they're not supposed to hand the money to someone to keep under a mattress it should be kept in an interest bearing trust account.
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Not sure if it maybe was in a trust account. If it was, it's not there anymore.
 
vicv said:
Was just looking for the documents before I mentioned that I have sent a complaint to the Estate Agency Affairs Board regarding the issue, but it seems to have fallen upon deaf ears and I recieved no response.
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This is South Africa, you have to make a noise to get what is rightfully yours.
 
abzo said:
Cause damage to the place worth the deposit.
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OP- don't listen to this... :D

How does a deposit disappear? AFAIK, the deposit was supposed to have been placed into an interest bearing account / trust setup by the estate agency. You should contact the Rental Housing Tribunal, and I would be loathe to hand over the keys to the unit until then.
 
All the best, I would have seriously given that agent a piece of my mind.Why dont you drive to their offices and demand to speak to their boss, explain the situation.The fact of the matter is that they cant stand back and wipe their hands clean, that money according to rental law was supposed to be banked a long time ago!

Vanished se moer!
 
vicv said:
The original deposit has vanished. Now they won't give it to us because they don't have it.

If that makes sense to you.
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They are liable for it. They have to store it in a trust account.

Not your problem where its gone, they just need to pay.
 
I have sent another email to the EAAB. A specific person this time. Hope to get a response from them.
 
Nerfherder said:
If its a big rental agent just tell them to expect a response from your lawyer by the end of the day if its not received.
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Guess name and shame is appropriate here. "Early Light Properties", not exactly a well known agency.
 
Say goodbye to your deposit, they will claim all sort of repairs needed to be done. Estate agents....these things should be shot on sight. They're almost TOO helpful, right up until they have your money.
 
Lol, just googled the agency for the first time and there are hellopeter complaints with the same issue
 
Nope, they are supposed to place the money in a interest bearing holding account. They are responsible, if I work for the bank and you give me money and I disappear as a representative of the bank they will be held responsible and they in turn will open theft/fraud against me. You cannot withhold the keys sadly but as suggested you need to go through the correct channels. keeping the keys they can charge you another month rent then you can kiss the holding deposit goodbye anyways. See a different letting agent and ask them for advice, don't try the underhanded methods they will come back to haunt you.
 
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