Deposit Protection Scheme question

josievg

I'm wondering how the deposit protection scheme works, how I can find out which scheme protected my deposit and whether it's still relevant as tenancy has now ended.

I rented from Aug 2007 to Dec 2010. After a couple of chaser emails, the deposit was returned to me in Feb minus deductions.

Two of the deductions I had agreed to and was expecting (inventory check out fee and post tenancy professional clean) but there was an additional deduction on there which is clearly wrong.

I had been charged for the professional clean that took place in 2007 before we moved in. The tenancy agreement clearly states that this cost should have been met by the landlord.

I don't really understand how this all works with regard to the deposit protection scheme. Where does this scheme fit into things? What can I do to get the rest of my deposit back?

Thanks, if anyone can advise.

BitterAndTwisted

The time to dispute a deduction from your deposit was when the landlord or their agent proposed it. I'm assuming that as you didn't log onto your entry on the deposit protection scheme and set up a dispute within a certain time-frame the scheme returned your deposit minus the deductions.

I suspect that your only recourse now would be to go through the small claims court. The threat of doing so in writing to the agent/LL attaching a copy of your tenancy agreement might make them see sense.

How much was the deduction?

josievg

Thanks. Unfortunately they didn't propose the deduction. The deposit amount refunded appeared in our account one day - after I'd emailed and phoned to chase it a couple of times - and I then emailed requesting a statement because the amount was less than we were expecting.

They then emailed the statement to me - showing this deduction that I would have disputed if I'd known about it - after the rest of the deposit had been refunded.

I didn't dispute it because I was unaware they were going to deduct anything other than the two things I had agreed to by signing a form (the inventory check out fee and the post tenancy clean).

I have never had any details of which scheme protected the deposit. I have asked the LA for these details today - possibly too late.

The amount in question is £235. It was a deduction by the LA (not the landlord).

BitterAndTwisted

What absolute shyters!

Let this be a lesson to any tenant who isn't acquainted with how the deposit schemes work. You could have interrogated all three schemes by entering the address of the rental property in order to identify which scheme the deposit was registered with.

I'd pursue this one mercilessly. Send both the landlord and the letting agent a letter headed "Letter Before Action" requesting the return of your £235.00 within 7 days or you'll go to the Small Claims Court. Send two copies of both letters from two different Post Offices on the same days getting Proof of Postage.

Then if you don't get your £235 refunded go to the Small Claims Court. It will cost you in the region of about £50 but should the court find against your agent/LL they will award you your costs.

You meed to bear in mind that the agent could claim that the charges weren't check-in but check-out ones incorrectly described. It's usual for a tenant to pay either but certainly not both.

josievg

Thanks BandT. A lesson indeed.

I am going to pursue this along the lines you suggest. I'm sure they are no strangers to the Small Claims Court (LA based in London, begins with F).

I've [belatedly] looked out our tenancy agreement and it clearly states that they should have informed us of any deductions and we had to agree these in writing prior to the release of the deposit.

This did not happen. Usually I'm really on top of things like this but we were buying a house at the same time as leaving the rental flat and the ins and outs of the house purchase took priority.

I didn't really give much thought to the deposit protection scheme. I just assumed that it was something that was protecting my deposit and nothing could be withheld by the agents unless I was notified and agreed to it.

I don't think they can say they were both check-out cleans. The flat wasn't that dirty.

BitterAndTwisted

If you have received confirmation, even belatedly, that there was no check-our cleaning required because you left the property in exactly the same state of cleanliness then you should pursue F*xton's and the landlord they represent relentlessly.

My personal opinion of this agent is lower than a duck's @rse. They're shysters of the first degree.

I wish you all the luck in the world.

Brb

When will that outfit learn ? *shakes head in utter disbelief*

Good luck

vickimanchester

There are loads of rules regarding info that has to be given to you about the deposit protection scheme when you start the tenancy, and if the landlord is in breach you may well get the full amount back. I finished my tenancy in September last year and the landlord was really trying to pull a fast one, saying there were fleas in the carpet when there weren't, saying the carpet hadn't been cleaned when it was. They deducted £240 which I then raised with the dispute service. I was only expecting to get some of this back as the cleaner I had booked let me down and I didn't have time to do it myself. To my surprise last month I received a cheque for the full amount withheld, and the reason given was that the dispute process hadn't been detailed in the correct way in the rental agreement and I hadn't been given the correct information. I would advise raising the issue with the tenancy dispute service in any case as you might be surprised what they dig up, and it certainly sounds like you perhaps weren't given the right info about the deposit scheme.

josievg

Thanks for this info vickimanchester. I have tracked down the relevant scheme 'Tenancy Deposit Solutions Ltd t/a mydeposit'. I put my name and postcode details in and their website confirms my deposit is protected. It says that I have 3 months after the end of the tenancy to start a dispute so I am still in time.

I can't raise a dispute online because it is asking for the number from my Deposit Protection Certificate (which I don't have as it was not issued) so I will give them a call tomorrow.

Feeling slightly more hopeful that I will get my £235 back.

BitterAndTwisted

It defies logic to charge an incoming tenant for the cleaning of someone else's muck before they take on the tenancy. These thieves need to have their backsides kicked and hard.

josievg

Just a quick update. I got my £235 back directly from the agent in the end. I emailed to say I would be opening a dispute and my case got passed to someone else.

I explained it all again and finally they got the hang of what I was saying and refunded me. It was deducted 'in error' apparently. Thanks to those on MSE who spurred me on.