Calamity of errors - Letting Agent/LL has not provided DPS info

BitterAndTwisted

That's a pity about having just paid the last month's rent. In that case I think you should write to the LL in any case, sending one copy care of the letting agents and another to the last known address as the LL may have paid for mail redirection. Presumably if the LL still has an on-going relationship with the agents the mail may find him eventually.

If you don't get your deposit paid back in full I expect that you'll know exactly where they are living once you've moved and can send a "letter before action" giving them a last opportunity to refund it. Mentioning the possibility of the three-times deposit penalty might prove to be pretty compelling

Fire_Fox

Stop dealing with this by telephone and start writing, preferably by recorded delivery. You have the legal right to an address at which to serve notices on your landlord but only if you ask in writing. All problems with the property and queries regarding the whereabouts of your damage deposit should also be in writing as you may well need a paper trail if this case goes to the small claims court.

Jediben

LA have finally sent over the documentation that I requested - sort of.

DPS certificate copy has come through, but they have been economical with the truth (hell they've flat out lied) when submitting the details:

Date Deposit Collected from the Tenant: 27 May 2010 (total fabrication - I have the original receipt for the deposit in cash on 27.04.2007. This is also 9 days AFTER they served us a Section 21 notice)

Tenancy start date: 01 January 2010 (more lies - tenancy agreement is dated to commence 28th April 2007)

Period of Protection: 27th May 2010 until the date the deposit is unprotected (as above, 9 days after they gave us 2 months notice, 2 days after we served them with our 1 month notice as per periodic tenancy).

Then we come to the Inventory.
It's great, full of detail. It covers every room in the house and a couple of things that are in the shed.
But it's dated a full year before I moved in, and it's signed by the tenants that were living here before I was. So as well as supplying me with an out of date, invalid inventory, they have also given me the signatures and mobile telephone number of the previous tenants. DPA breach?

As I previously mentioned, I never ever received an inventory.
So check out has been set at 10am on the 28th June. Reckon I will get any money deducted from my deposit? :rotfl:

clutton_2

what a bunch of incompetent eejits..... but..... they may also be very cunning.. if the LL refuses to use the Arbitration service of DPS you will have no choice other than to take the LL to the small claims court for recovery of your deposit.. and since you dont have an address for him - that could be very tricky ... if not impossible... there is a) getting a judgement and b) getting the cash. 2 entirely separate processes...

DVardysShadow

OK, you are now in a strong position over the inventory. And over almost everything else, except for clutton's valid point.

Take on board what Fire Fox says about writing and not phoning. Never mind the DPA breach concerning the previous tenant - you need to write a letter and hope it will be ignored: You should now write to the Agency which acknowledges receipt of documents and merely lists all the facts relating to discrepancies [info on Deposit protection, date of inventory]. Don't bluster or demand that anything is 'put right', don't insist that anything is wrong - just ask in the mildest terms whether they would wish to update anything. Send it [recorded, I would say] and keep a copy.

This should freeze in place a lot of facts for you later if it turns nasty and it will be very helpful if an inventory turns up which you don't recognise

Jediben

Landlord is attending the property this evening to try and fix a leak under the sink that my cat(!) noticed this morning. I was filling the kettle up and all of a sudden she went all 'poofy' as if scared and started staring at the cupbaord underneath it. Turns out the leak was making a hissing noise that she didn't like, but I couldn't hear it until I opened the door. If she hasn't spotted it we could be looking at a very very wet kitchen.

The landlord intends to move back into this house, so I think I will be ok if there are any problems. I will request it in writing to have them supply us with the address just to be sure. Can anyone give me the section of the Housing Act or other law that indictates this is a required piece of information?

I would like to say that I will put these discrepancies on these documents in writing to the LA but I don't really want to give the impression that I am pushing to make trouble, nor give them opportunity to try and fabricate further documentation or excuess. In the event of any queries brought up on the inventory or state of the house I have their own documentation which they have lodged themselves to support my case. It's not necessary for me to explain to them that they have made a mistake, but I would readily explain it to the court. It's not like they don't have access to the same paperwork!

Their current excuse is that 'they took over a number of properties when they acquired the original LA and these problems were not their fault' but as far as I see it (and as far as the DPS is concerned) the LL is responsible for the failures. Whether he chooses to try and kill the LA if I bring these things up at court is his choice. The inventory is frankly a joke and wouldn't stand up either.

I actually contacted the scheme for the DPS (MyDeposits) and they advised that if we were to try and take it to arbitration, they wouldn't be able to assist because the details logged for the deposit are not the same as the tenancy agreement (the start date would need to be the same) so I don't know if they have made things better or worse for me by botching the DPS as well. If I went to court and presented the DPS cert, it would presumably be immediately noted that the data is false?

clutton_2

a judge will have to decide if he believes the date on the tenancy agreement or the date of the deposit-lodgement... his decision will depend on what other evidence is presented to him..... do you have an original AST or a photocopy ?

do you have bank statements that show the withdrawal of sums equal to the deposit and the first months rent round about the right date ?

Mydeposits is the scheme whereby the landlord/LA keeps the money - and pays a fee for an insurance poliocy in case the LL/La then runs off with the money - if that were to happen the insurers would refund you the deposit

Jediben

Hah I've got a my original AST copy signed with ink, I've got a photocopy of the one I signed and gave to them which they kindly supplied with the inventory and DPS certificate, I've got my receipt from the cash deposit and first month rent I paid to them. (now stapled to the original agreement for safe keeping)
I've got bank statements for the withdrawal, I've got 4 letters dated from various periods from both LA throughout the 3 year tenancy at the property, all addressed to me at the property.
I've got probably 3 years of utility bills at the property. I've got 3 years of payslips at the property.

The question of whether I was living at the property for 3 years could never ever ever be in doubt. The judge would have to be the LL's own mother to disagree.

clutton_2

brilliant recording keeping if i may be so bold !!

Jediben

One thing that working with invoices all day has taught me is that some !!!!!! will invariably drag up something from 5 years ago that you need to sort out. Having a sheaf of envelopes stuffed full of letters, policy documents, payslips and bank statements may be unsightly but it pays off eventually!