Letter of action - send to landlord or letting agent?

Paul_iow

It has been over a month since we moved in to our rented house and we have had no confirmation of our deposit being protected. We are now going to send a letter of action asking for our deposit to be protected within 14 days but do we send this to the landlord or the letting agent? My feeling is it should go to the landlord.

We are going to send 2 copies from 2 different post offices and get proof of postage. Will this be sufficient to prove we sent the letter?

Thanks

Werdnal

Landlord is ultimately responsible for the protection of the deposit, so send to them.

I believe the term is "Letter before Action", if you are planning to take court action if they do not comply.

Fire_Fox

Landlord, they are who you are contracted to and they are legally responsible.

Paul_iow

Werdnal wrote: »

Landlord is ultimately responsible for the protection of the deposit, so send to them.

I believe the term is "Letter before Action", if you are planning to take court action if they do not comply.

Thanks, I knew that but still wrote "of action", it's been a long week. We are going to use a sample letter from the shelter website and will send 2 copies to the landlord.

Thanks again

G_M

Your contract is with your Landlord - send to the address provided "for the serving of notices", and send a copy to the agent.

dimbo61

Cant you just send a normal letter first ? asking which one of the 3 DPS schemes has you deposit been placed.
Send this to the Landlord and the letting agent
If you go in heavy handed you might end up with an S21 at the end of your 6/12 months tenancy.

Yorkie1

dimbo61 wrote: »

Cant you just send a normal letter first ? asking which one of the 3 DPS schemes has you deposit been placed.
Send this to the Landlord and the letting agent
If you go in heavy handed you might end up with an S21 at the end of your 6/12 months tenancy.

If the LL hasn't protected, or returned, the deposit - isn't the s.21 invalid under the new laws?

Zorz_2

Yorkie1 wrote: »

If the LL hasn't protected, or returned, the deposit - isn't the s.21 invalid under the new laws?

Yes, this is correct.

dimbo61

So the LL is useless and the poster is correct
Landlord registered deposit waits for 6 months until AST finishes and then serves S21 on tenant.
Tenant needs to find somewhere else to live, fees to letting agent, new AST , moving costs even if just hiring a van and a man, redirects mail, seen as moving home every 6/12 months on credit file.
Has to inform everybody of new address like DVLA, for driving licence and car details, work, schools, friends, insurance ( with costs)
Ask LL where the deposit is registered first before "LETTER before action"