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Tenant Deposit Protected late

2

Comments

  • theartfullodger
    theartfullodger Posts: 14,592 Forumite
    Name Dropper First Anniversary First Post
    Have you or have you not taken the 1st step as recommended by Mssrs Shelter, please?
  • tenantwithissue
    tenantwithissue Posts: 20 Forumite
    edited 26 January 2018 at 11:33AM
    removed due
  • theartfullodger
    theartfullodger Posts: 14,592 Forumite
    Name Dropper First Anniversary First Post
    The agent is the landlord: It's the date you paid agent that matters: Start Shelter's course of action (i'm begging now, bemused as to why you haven't already...).

    Send any letters etc to BOTH landlord & agent, keep copies.
  • tenantwithissue
    tenantwithissue Posts: 20 Forumite
    edited 26 January 2018 at 11:04AM
    removed due
  • Jack_Johnson_the_acorn
    Jack_Johnson_the_acorn Posts: 1,333 Forumite
    tenantwithissue wrote: »
    We moved out after one year. It is the irritation with the issue with the LL holding part of our deposit which has cuased me to look into this. (aka its not the first time the LL has messed around with my deposit)

    Absolutely understand, If I had somebody else's money and I was required to give it back immediately I would do as the law states. I think you have every right to penalise him for inconveniencing you. :)
  • tenantwithissue
    tenantwithissue Posts: 20 Forumite
    theartfullodger wrote: »
    The agent is the landlord: It's the date you paid agent that matters: Start Shelter's course of action (i'm begging now, bemused as to why you haven't already...).

    Send any letters etc to BOTH landlord & agent, keep copies.

    I am not sure I understand, who do you think has liability. It feels like the landlord will say its the agency, and the agency will say its the Landlord.

    In the end, the agency sent it to the landlord, so my view is that this is solely with the landlord?
  • G_M
    G_M Posts: 51,977 Forumite
    Name Dropper First Anniversary First Post Combo Breaker
    edited 5 January 2018 at 12:22AM
    1) the relevant date is the date you paid the agent. They received it from you on behalf of the landlord. When or whether they passed itt to the lanlord is irrelevant.

    2) the law is clear - you can claim the penalty. You can claim up to 3 times the deposit. I imagine in this case the minimum penalty will be imposed (1 time the deposit) since it was registered, albeit late, and the PI was issued, albeit late.

    3) you don't say whether the depost has been returned or not. Or whether there is a dispute ongoing over end of tenancy deductions.

    4) like others, I feel you are being unecessarily vindictive. However
    a) I'm not a tenant so perhaps biased (I try not to be)
    b) we don't know the full story ie, was the LL otherwise helpfull or obstructive during the tenancy; is there a dispute over return of the deposit; is the landdlord a so-called 'professonal' LL or an old age pensioner relying on rent for his pension and with limited understanding of law (OK, still not excusable but mitigation)
    etc
  • theartfullodger
    theartfullodger Posts: 14,592 Forumite
    Name Dropper First Anniversary First Post
    You can (& perhaps should ..) sue both jointly. Both have had to pay. Hopefully (for you..) one will offer a deal avoiding court matters.
  • tenantwithissue
    tenantwithissue Posts: 20 Forumite
    edited 26 January 2018 at 11:07AM
    removed due
  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
    Name Dropper First Post Photogenic First Anniversary
    The OP's posts.
    tenantwithissue wrote: »
    All,

    I wanted some guidance on an issue we are facing.

    We moved into a rented property in England on 2nd December 2016, we paid our deposit on 1st December 2016 to an agency who was doing the search for a tenant on behalf of the Landlord. Once the agent had taken all payments and arranged the tenancy agreement, the property was handed over and managed by the landlord directly. We paid everything up to date and left the property in spotless condition.

    I chased the agency on 7th January 2017 to check whether our deposit was protected as we did not have any information, the agent said it was with the Landlord and to check with him which I did via SMS (therefore I do not have a record of this communication).

    The landlord proceeded to lodge it with a Tenancy Deposit Protection scheme on 12th January 2017 (42 days after we paid the deposit and 9 days after LL states they got it from the agency), on the tenancy protection scheme the LL states they got the deposit from the agency on 3rd January 2017 (33 days after deposit paid).

    However, the landlord still did not email us the prescribed information and certificate until 12th Febuary 2017 (73 days after we paid deposit, and 40 days after LL got deposit from agent).

    Under the Section 213 of the Housing Act 2004, do we have a case to claim 1-3x the deposit from the landlord?

    The reason I am questioning this, is because we did chase the landlord and agent a number of times, however, those communicaitons via SMS are lost.

    Regards,
    Phillip
    tenantwithissue wrote: »
    Not at all, I am a landlord myself and I made sure I protected my tenants money ASAP and that they had the relevant information.

    The protection is there for a reason, and the landlord has blantantly ignored the requirements with no valid reason for doing so. I shouldn't have to chase the landlord for the protection of my money. It isn't his, unless I have not kept to the terms of our agreement (then he can claim some of the money as damage).
    tenantwithissue wrote: »
    1. I would take them to court for not protecting my money as they are required to do so under the law.
    2. The law states 1-3x the deposit, plus they pay the court fees.

    Why would I do it?
    The landlord didnt seem bothered when I chased him about my deposit 2 or 3 times despite him knowing the requirements. In the end of the agreement he tries to charge me unfair fees and holds part of my deposit for a further 49 days after I have checked out.
    tenantwithissue wrote: »
    He must have thought it was his money, when it isn't - it's my money and his obligation was to protect it within 30 days - he didn't do his obligation. He wouldn't have been happy if I took that length of time to pay my rent - right?
    tenantwithissue wrote: »
    Hi there,

    Thank you for the helpful reply. I guess my only question is this as follows:

    The landlord only got the money from the agent (he claims) on the 3rd January 2017. Can he say that he protected it within 30 days of him receiving it?

    Aka. I paid the agent, the agent held it for 33 days, then passed it to the landlord and the L deposited within 30 days of him recieving it.

    None-the-less he still didn't provide me with the required information until February.
    tenantwithissue wrote: »
    We moved out after one year. It is the irritation with the issue with the LL holding part of our deposit which has cuased me to look into this. (aka its not the first time the LL has messed around with my deposit)
    tenantwithissue wrote: »
    I am not sure I understand, who do you think has liability. It feels like the landlord will say its the agency, and the agency will say its the Landlord.

    In the end, the agency sent it to the landlord, so my view is that this is solely with the landlord?
    tenantwithissue wrote: »
    Thanks for your response. The LL hasnt returned all the deposit and I had to chase him for it also (i.e. beyond the 10 days). He is holding part until end of month and making deductions not in the checkout report.
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