No details of our deposit registration

esubbs

This is probably answered somewhere but I couldn't find anything when searching so apologies if I am re-asking an old question...

Our tenancy is due to end on 18th December. We've jumped ship and onto the property ladder but were otherwise generally happy with the flat we rent, save for a few niggly things. When we started the tenancy in June 2009 we paid the deposit and first months rent to the letting agent but since then have dealt direct with the Landlord.

Our landlord visited the property yesterday morning to have a walk through and discuss anything he wanted doing before we leave (we moved into a new build and put in our own fixtures such as light-fittings and bathroom mirrors etc. and repainted so just wanted to agree he was happy with those really). He's happy with everything so I asked about where our deposit was protected.

He seemed shocked we didn't know about it, said that the original agents had protected it with the DPS and should ahve provided us with details. I've checked with the DPS and they have confirmed it is protected with them.

So... I phoned the letting agent we originally found this place with. They said it would have been them that protected the deposit but can't find any record of it, will need to speak to their manager to ask what to do and ring me back this morning (yesterday). That didn't happen so I rang again early afternoon, still no manager available, will ring back by the end of the day. Again no reply so rang at 5pm, manager had gone home will ring in the morning. Nothing this morning either so rang at midday, manager had been called to a very important meeting and will ring back by the end of the day... :mad:

Can't help feeling I'm being fobbed off by them, especially as they have no dealings with the property or our landlord anymore so no financial incentive, but have read that they should have supplied details within 14 days. I never knew this at the time and I know I should have checked it was protected earlier

So where do I stand now? Do I have any recourse with the letting agents to make them respond and provide details? The DPS say I can't request the deposit is released without the reference number even if both the landlord and I agree, is this right? And the only way to find out the reference number is to get it from the people who registered it, i.e. the letting agents!!

Sorry for the long post but wanted to give as much detail as poss...

jjlandlord

The landlord is liable for the deposit, he should chase his ex-agent for the details.

If you cannot get the details and the deposit is not returned to you promptly, you should request repayment directly from landlord, up to suing through a money claim.

BitterAndTwisted

Well, if the agents cannot give you the prescribed information and you definitely won't be able to get your deposit back from DPS without it, you could always claim your deposit back from the landlord. It is always the landlord's final responsibility as the agent was contracted to act on their behalf and not yours. Your only contract is with the landlord.

esubbs

Thanks for the posts. If it comes to it I'll reclaim from the landlord but hope to resolve it before then.

After having to chase them twice again I was fobbed off with a load of lies. I was told they don't have to provide registration details, the landlord just tells them how much he wants them to deduct and after 28 days they release the rest to us, assuming nothing else comes up in the meantime! Oh, and also that it is registered with mydeposits.

I checked online, its actually registered with the DPS (as the landlord correctly told me), they are legally obliged to provide it within 14 days and it should take 10 days once the JDR (joint deposit repayment) form has been completed by both tenant and landlord. When I (very politely actually, considering) mentioned these facts the estate agent said "well disagreeing with me will only make me delay your deposit return even longer" :wall:

I told her I wasn't disagreeing as its not my opinions but facts and she was welcome to check the DPS website to verify them. She now says she will provide the details by the end of the week....

Sorry if this is a bit of a rant now but this is so infuriating. Landlord is happy, we are happy, estate agents haven't done their job properly but that would have been easily rectified by just providing us with the reference ID. What have they got to gain by being so obstructive and downright lying? Am I right in thinking the deposit gets released direct to us from the DPS or is there some financial incentive where it would get released to them and they hold onto it for 28 days?

Yorkie1

I would write immediately to the LA, cc'ing the LL, confirming what the DPS website says, your conversation with them, and that they have said that they will get the deposit registration details to you by the end of the week i.e. within the next 3 working days.

If they fail to provide the details to you, write again on Saturday, stating that you have not received the details and that their failure to provide the details within the 14 days required by law or at all, will mean that you will be unable to access the deposit from DPS and that they will have left you with no other option than regrettably to use the courts to retrieve the deposit from the LL; you really don't want to have to do that because of your good relationship with the LL but that they have left you with no option.

Again cc in the LL. If you really do get on well with the LL, might be worth giving him a heads-up that this is directed at the LA and not at him.

Don't ring the LA; you need a verifiable paper trail. If you email, make sure that you follow it up with a hard copy hand delivered if possible or certificate of posting for the mail.

N79

Before launching off down numerous rabbit holds and making threats about court, the DPS have the ability to recover all the details you need to reclaim the deposit. Just follow the process for "lost details" on their website.

Ts losing the paperwork is not exactly that uncommon an occurance!

clutton_2

N79 - the voice of reason.... once again... why folks can't think of simple solutions first before leaping to "sue him" is beyond me........

tbs624

esubbs wrote: »

Thanks for the posts. If it comes to it I'll reclaim from the landlord but hope to resolve it before then.

After having to chase them twice again I was fobbed off with a load of lies. I was told they don't have to provide registration details, the landlord just tells them how much he wants them to deduct and after 28 days they release the rest to us, assuming nothing else comes up in the meantime! Oh, and also that it is registered with mydeposits.

Don't ever be surprised by the bovine manure spouted by LAs. Anyone can set up in business as an LA, - no specific expertise, training or qualifications required to do so.

1. The law states that the T *must* be provided with the scheme's prescribed information

2. A LL/LA may not make unilateral decisions about what to deduct from a Ts deposit - if you don't agree with them you can challenge them via the scheme or the courts.

esubbs wrote: »

I checked online, its actually registered with the DPS (as the landlord correctly told me), they are legally obliged to provide it within 14 days and it should take 10 days once the JDR (joint deposit repayment) form has been completed by both tenant and landlord. When I (very politely actually, considering) mentioned these facts the estate agent said "well disagreeing with me will only make me delay your deposit return even longer" :wall:

The LA is on a power trip and no doubt would take their time over passing things on to the LL. Talk to the LL about this one - he can be proactive in kicking his LA's behind or can always arrange for the DPS to deal direct with him. He has to register with them &request t/f of the deposit registration - it's not onerous.

esubbs wrote: »

I told her I wasn't disagreeing as its not my opinions but facts and she was welcome to check the DPS website to verify them. She now says she will provide the details by the end of the week....

No excuse for further delay really it can be done via email with you acknowledging receipt.

esubbs wrote: »

Sorry if this is a bit of a rant now but this is so infuriating. Landlord is happy, we are happy, estate agents haven't done their job properly but that would have been easily rectified by just providing us with the reference ID. What have they got to gain by being so obstructive and downright lying? Am I right in thinking the deposit gets released direct to us from the DPS or is there some financial incentive where it would get released to them and they hold onto it for 28 days?

Whilst the LA is clearly a PITA, ultimately the deposit registration & provision of that prescribed info is down to the LL who should have ensured that his LA had indeed done what was required on his behalf.

Once repayment amounts are agreed between LL& T, DPS releases the respective amounts direct to each party

tbs624

N79 wrote: »

Before launching off down numerous rabbit holds and making threats about court, the DPS have the ability to recover all the details you need to reclaim the deposit. Just follow the process for "lost details" on their website.

Ts losing the paperwork is not exactly that uncommon an occurance!

It's unfortunately not that uncommon an occurrence that LLs and LAs are still failing to deal correctly with their Ts deposits and the provision of the prescribed info more than 4 years after the regs were brought in.

Although your comment on how the T may obtain the info is helpful clearly in this case it is not the T who has "lost" the details.

jjlandlord

clutton wrote: »

why folks can't think of simple solutions first before leaping to "sue him" is beyond me........

No-one suggested that here, OP was just reminded that responsibility lies with LL so that if agent is useless there is no need to continue knocking on his door...

tbs624

clutton wrote: »

N79 - the voice of reason.... once again... why folks can't think of simple solutions first before leaping to "sue him" is beyond me........

The simplest solution is of course for all LLs/LAs to do as the law requires in the first place:

They should promptly:
(i) scheme register the tenancy deposit
(ii)provide the T with the prescribed info

No ifs, buts or pathetic excuses.