Rental Deposit Protection - HELP !!!

-Ad-

Hey

Soo, we moved into our rented flat in the middle of January this year and paid a good £2100 for deposit and 1st months rent. After problems with student landlords I did everything by the book but did forget about the new mandatory deposit schemes (3 to choose from), that letting agents/LL have to pay your deposit into.

Fast forward to now and the Letting agent said last week after I finally rememberd that 2 of the companies are free and very slow at sorting things out (9 MONTHS :mad:) and have not sent the stuff through to him (supposed to be 14 days from when we first gave deposit).

My gf has just rung all 3 schemes and none of them have our flat listed, and there is only one letting agent with the same rough name as ours but is not even in LONDON where we live.

What should be the next course of action, as all the companies will be forwarding e-mails to the GF to confirm things and are actually willing to help with info on taking agent to court (would apparently win and get x3 the amount of deposit) ?

Plus could this be ammunition with regard to contract renewal (january) where apparently the agent will get in contact soonish giving details of rent increase etc ?

Cheers

redcar_2

Deposit protection doesn't apply as your rent would be more than £25k per year so you would not be on an AST.

neverdespairgirl

redcar wrote: »

Deposit protection doesn't apply as your rent would be more than £25k per year so you would not be on an AST.

I don't think that's right - it looks as if £2,100 was the 1st month's rent and the deposit?

Perhaps the OP can clarify?

tbs624

Will assume you are on an AST.

-Ad- wrote: »

Soo, we moved into our rented flat in the middle of January this year and paid a good £2100 for deposit and 1st months rent. After problems with student landlords I did everything by the book but did forget about the new mandatory deposit schemes (3 to choose from), that letting agents/LL have to pay your deposit into.

Presumably you have a dated receipt for this deposit/rent or evidence of cheque clearance?

-Ad- wrote: »

Fast forward to now and the Letting agent said last week after I finally rememberd that 2 of the companies are free and very slow at sorting things out (9 MONTHS :mad:) and have not sent the stuff through to him (supposed to be 14 days from when we first gave deposit).

It would be kindest to perhaps describe your agent as "confused" . Only one of the deposit schemes has no actual fee ( but uses interest on the deposits to towards running costs) and this required physical paying in of the deposit monies. The other 2 are insurance based, and the LL/LA retains the actual money but pays a fee for using the scheme. Whichever scheme is used, the deposit *can* be dealt with by the LL/LA on the day it is received from the tenant.

-Ad- wrote: »

My gf has just rung all 3 schemes and none of them have our flat listed, and there is only one letting agent with the same rough name as ours but is not even in LONDON where we live.

What should be the next course of action, as all the companies will be forwarding e-mails to the GF to confirm things and are actually willing to help with info on taking agent to court (would apparently win and get x3 the amount of deposit) ?

You need to write to the LA (copy the letter to the LL* & keep one for yourself) saying that you understand that underthe Housing Act 2004 your tenancy deposit of £xxx which was paid across on (date) should have been scheme registered within 14 days of receipt. Say that you further understand that certain "prescribed information" on the schemes should have been supplied, also within 14 days. Mention the discussion that you have had with the agents, who you spoke to, what date, what was said (facts only-no "emotional" bits) and that despite checking for yourselves with each of the three schemes there is no record of your deposit having been registered. Explain that the courts provide sanctions against LLs/LAs who fail to comply and these include being ordered to return the deposit in full to the tenant or scheme register it & provide the prescribed info, and there is a penalty of 3x the deposit amount to be paid to the tenant by the LA/LL. Say that you would prefer that this matter was settled amicably and you'd like them to confirm within the next 3 working days what they intend to do.

You should note that they cannot serve a valid S21 notice of repossession on you whilst the deposit remains unregistered

-Ad- wrote: »

Plus could this be ammunition with regard to contract renewal (january) where apparently the agent will get in contact soonish giving details of rent increase etc ?

It could go either way. They may choose to register your deposit or refund it in full and then give you Notice. You may be able to discuss the matter and decide that you will not proceed to court provided that they register the deposit and you can negotiate an appropriate new contract: however the few cases that have made it to court so far seem to indicate that where a LL/LA does register a deposit& provide the info in the period immediately prior to any court hearing then the tenant is unlikely to be able to claim for 3 x the deposit.

Renewal terms much depend on whether you have otherwise been a reliable tenant, and on whether you really want to continue doing business with a dodgy LA. I certainly wouldn't contemplate leaving your deposit unregistered simply to bargain down the rent/ensure a renewal.

Unfortunately, the legislation does not seem to recognise & provide for the likelihood that a LL/LA , having been challenged over an unregistered deposit, may simply decide to serve notice asap after sorting the deposit out.

* you are legally entitled to have the name & address of your LL - if requested by you in writing from the LA, they have 21 days to comply or be committing a criminal offence.

redcar_2

neverdespairgirl wrote: »

I don't think that's right - it looks as if £2,100 was the 1st month's rent and the deposit?

Perhaps the OP can clarify?

Oopsa looks like you are right - sorry OP if thats me not reading carefully enough. And thanks for picking that up neverdespairgirl.