Letting agents won't give me details of where deposit is??

wiseguy2010

Ok, I've sent a letter to the Agent demanding where the deposit is before I take legal action. I've also contacted the tenants who have told me they paid the deposit to the agents but never knew anything about the scheme. I guess they assumed the money would be kept by either myself or the agents. I have made them aware that it should have been paid into a scheme and that I am contacting the agents to sort it out.

Just a case of waiting now to see what happens next...

tbs624

As you say they claim to be members of NAEA - check this out at http://www.naea.co.uk/

See also their code of practice at http://www.naea.co.uk/help/cop.aspx

Ask the LA for a copy of their own complaints procedure as you need to exhaust that first before asking NAEA to look into matters.

You mention that this LA is part of national chain - are they franchised? You could also raise the issue further up the chain if the local office fails to sort the matter within 48 hours.

wiseguy2010

Gave the agents 5 days to respond to my letter. It is now the 5th day and no response. I sent one recorded and another with proof of postage.

My tenants have told me that their receipt says the deposit will be kept in the agent's Letting Client Account.

whats my next step??

BitterAndTwisted

What would I do? I'd lodge the tenant's deposit in one of the schemes immediately myself. And then write a letter to the agent, telling them that it's not optional to lodge the deposit but a legal requirement and that you're shocked and amazed that they appear to be ignorant of this fact. Tell them that you have lodged the deposit yourself to protect yourself from their willful neglect and that you are now demanding return of same to you within 5 days. Or else.

tbs624

OP - it's free to use DPS but you have to physically deposit the tenant's money with them. Mydeposits will charge you and you can then hold the money in a designated a/c- see their website for info on fees. The other insurance based scheme, TDS, tends to be used more by LAs but you can apply on a per tenancy basis for fee info.

You need to wrest that deposit out of the LA's sticky little paws- don't let it drag on another week. Go into their office in person and get it sorted out, get it registered. Keep your T fully informed.

DVardysShadow

tbs624 wrote: »

... You need to wrest that deposit out of the LA's sticky little paws- don't let it drag on another week. Go into their office in person and get it sorted out, get it registered. Keep your T fully informed.

Agree, but wiseguy, you need to consult the scheme before depositing. There is a risk that the LA will independently deposit too, thus giving 2 deposits in the Tenants name - and I would anticipate a great deal of difficulty getting one back to the Landlord if wiseguy does not make it clear it as a preemptive deposit.

wiseguy2010

Hi all,

After 1 week of no response to my letter, I gave one last shot at calling them. This time I went staight to head office (perhaps I should have done this from the start) and was promptly called back.

Was told all details were posted out to me (followed by the usual feeble excuse of "did it not get to you?"). Anyway, by now, my usual gentle telephone manner had vanished, and the details were promptly emailed to me. Checked the DPS website and miraculously, the deposit has been paid into the scheme (I had checked all 3 schemes prior to sending out my recorded letter and none of them were registering). My tenants have also received their relevant details so all seems to be good now.

Thank you all for your advice, however, one more little issue...

I am so fed up of dealing with these incompetant liars (LA) but the deposit was paid in under their account so I can't actually access the account without them. I have been given a Repayment ID but I don't have a username. Should the LA have given me this too? Also, the inventory was drawn up by them. I have have all the documents and photos etc but is there a way I can keep the LA out of the loop when by tenants decided to leave?

theartfullodger

wiseguy2010 wrote: »

Hi all,

After 1 week of no response to my letter, I gave one last shot at calling them. This time I went staight to head office (perhaps I should have done this from the start) and was promptly called back.

Was told all details were posted out to me (followed by the usual feeble excuse of "did it not get to you?"). Anyway, by now, my usual gentle telephone manner had vanished, and the details were promptly emailed to me. Checked the DPS website and miraculously, the deposit has been paid into the scheme (I had checked all 3 schemes prior to sending out my recorded letter and none of them were registering). My tenants have also received their relevant details so all seems to be good now.

Thank you all for your advice, however, one more little issue...

I am so fed up of dealing with these incompetant liars (LA) but the deposit was paid in under their account so I can't actually access the account without them. I have been given a Repayment ID but I don't have a username. Should the LA have given me this too? Also, the inventory was drawn up by them. I have have all the documents and photos etc but is there a way I can keep the LA out of the loop when by tenants decided to leave?

Sigh! After all that I'd be very inclined to sack the agent..they clearly ain't trustworthy (but we kinda knew that, eh??) Always wanted to do that (walk into agents office, very quiet & polite, when asked why I was there "You're fired" and hand over notice of same in letter) but my agent is perfect (AFAIK..).

If think of doing this read your agreement with agent very carefully first for fees they can subsequently charge you.

tbs624

Name and shame at https://www.allagents.co.uk. They may already have other "reviews" on there

tbs624

wiseguy2010 wrote: »

......I am so fed up of dealing with these incompetant liars (LA) but the deposit was paid in under their account so I can't actually access the account without them. I have been given a Repayment ID but I don't have a username. Should the LA have given me this too? Also, the inventory was drawn up by them. I have have all the documents and photos etc but is there a way I can keep the LA out of the loop when by tenants decided to leave?

If the LA could not be relied upon to handle the Ts deposit properly from the start then I would not have given them the opportunity to continue to have any further involvement with the deposit.

As the money has now apparently been physically deposited with the DPS, see this from the DPS Ts & Cs

16. Transfers
Change of Landlords
a. Change of Landlords can be initiated online by the Landlord by the completion of a Change of Landlord Form or through the use of a paper Change of Landlord Form requested from the Contact Centre. The DPS
will not register a Change of Landlord unless the receiving Landlord is registered with the Service and holds a valid Landlord ID.

b. In the event of a Change of Landlord The DPS will deliver confirmations detailing the changes to:
i. the outgoing Landlord / Letting Agent;
ii. the incoming Landlord / Letting Agent;
iii. Tenant.

As Artful says, check out the small print of the contract between you and this LA but I'd be getting rid. Remember the LA acts for you, on your behalf

Keep Ts informed of all changes.