Deposit Advice

tranmereforever

Hello all,

Me and my partner moved into rented accomodation in August 2008, in August 2009 we recieved a letter through saying that the property had been moved into the hands of another agent ( there was a big fraud case and around 200 properties were affected ), that agent have been annoying to say the least - letters coming to us for the wrong address, wrong paying in references etc

Anyway, fast forward to today and they have given us a section 21 for which we need to move out in mid August, all that is fine but I have two problems

When I enquired about the deposit they have said that they have contacted the landlord and they have no record of the deposit and that we should go directly to the landlord to ask for it - when we moved in we paid the deposit to another estate agents who are no longer there

I am having great trouble getting hold of the LL and my new agents are basically trying to say it isnt there problem, is this correct? Have we lost the deposit etc?

Also, we pay our rent on the 14th and the new agents took over the property on 1st August, despite paying a month in advance - ie in July, they are trying to say we have to pay £233 for there proportion of the rental period for August, surely that is not correct

Any help would be greatly appreciated

clutton_2

stay put... "they have given us a section 21 for which we need to move out in mid August"" lanldords have to give tenants 2 m onths notice not one "

when it gets to the middle of august write and tell them they have issued an incorrect Section 21 and they will have to issue another one dated for the middle of October.

so dont panic...

WHOEVER received the deposit it is up to the LL to return it to you

Is it protected in one of the three Deposit schemes ?

continue to pay your rent as per the date on the last Tenancy AGreement you signed.. these agents are talking out otheir bums...

tbs624

tranmereforever wrote: »

Hello all,

Me and my partner moved into rented accomodation in August 2008, in August 2009 we recieved a letter through saying that the property had been moved into the hands of another agent ( there was a big fraud case and around 200 properties were affected ), that agent have been annoying to say the least - letters coming to us for the wrong address, wrong paying in references etc

Anyway, fast forward to today and they have given us a section 21 for which we need to move out in mid August, all that is fine but I have two problems

Do you literally mean that the s21 was given to you *today*? If yes, then follow Clutton's suggestion above but note also the rules on tenancy deposits & s21s, as below.

tranmereforever wrote: »

When I enquired about the deposit they have said that they have contacted the landlord and they have no record of the deposit and that we should go directly to the landlord to ask for it - when we moved in we paid the deposit to another estate agents who are no longer there

I am having great trouble getting hold of the LL and my new agents are basically trying to say it isnt there problem, is this correct? Have we lost the deposit etc?

Well, bless 'em, it *will* be their problem if the LL/the former LA didn't scheme-register your tenancy deposit (assuming Eng/Wales) and they are wanting you out via a s21

Contact each of the 3 schemes yourself and get confirmation from each of them *in writing* of whether they have your tenancy deposit on record. If your deposit has not been registered, then a s21 will be invalid until such time as it does get registered. Google TDS, DPS and mydeposits.

tranmereforever wrote: »

Also, we pay our rent on the 14th and the new agents took over the property on 1st August, despite paying a month in advance - ie in July, they are trying to say we have to pay £233 for there proportion of the rental period for August, surely that is not correct

Any help would be greatly appreciated

If you paid your full monthly rent on 14 July that clearly takes you up to 13 August.

LAs - no training, no qualification, no expertise required to set up in business so you are doing the right thing by seeking clarification.

Your local Council will have a TRO (tenancy relations officer) who deal entirely with the private rented sector . They can help you if the LA is proving difficult/and or you think that what they are telling you is questionable.

Jowo_2

Submit a written request now to the letting agent demanding the landlord's residential address.

http://www.landlordzone.co.uk/landlord's_address.htm


You'll need this to take them to court if they do not return your deposit or its unprotected in a tenancy deposit scheme. The direct gov and shelter websites have information about TDS and the latter site will tell you how to get your deposit back.

tbs624

You still have enough time to do this, even if s21 had been validly served. Write to the LA formally requesting the full name and address of your LL, under the LL and T Act 1985, s1. Keep a copy of your letter They will have 21 days from receipt of that request in which to give you the information or they will be committing a criminal offence. This only applies whilst you are still a T, and they are not obliged to give you a phone number.