another deposit scheme post

korky69

posting on behalf of a friend so not 100% sure of facts.
he's been living in a flat for around 18 months, he had the same agent as me up to just over a week ago,
i left mainly because inept would be a compliment to them!
my bond is showing up as still protected,
but his isn't there on the ref number he got when he 1st leased the place,
he has paid for a further 2X6 month leases since but never ever actually got them in writing, he just paid what they asked and despite asking for them, the would not issue them.

however he is now getting fed up of their service (or lack of) and checked his original deposit certificate and nothing! he's checked the other 2 deposit schemes (not sure if they are just 3) and nothing there either,
but he is unsure of the exact dates when he paid for the 2 extensions.
they are now not returning his calls for the details, whats his next port of call re the deposit as he does not know for sure who its with, if anyone?
i did tell its possible for them to have taken it out after the 1st fixed lease expired and put it with another, but they refuse to tell him anything!

Kynthia

The landlord is ultimately responsible for the tenant's deposit. Have your friend write a firm but civil letter to the landlord explaining that having checked with the three schemes, it appears his deposit is not propected as required by law. Request that the deposit be protected and the perscribed information be sent to him within 14 days. If the landlord doesn't do this write a 'letter before action' and then if still no action your friend can sue. However start civil as the landlord may not be aware of the fact the agent hasn't protected the money, although they should be as it's their responsibility.

Fire_Fox

It's worth running an advanced search, these issues have been covered many times. The lease did not expire the fixed term expired and rolled onto a statutory periodic tenancy. Are you saying he paid admin fees for another fixed term that was never received/ AST that was never signed? If so write and ask for the money back.

Has he checked all three deposit schemes? Has he asked for clarification in case there was a typo? Don't telephone, write - if the letting agent is obstructive write to the landlord using the address at which to serve notices on the original tenancy agreement. He is ultimately liable for lodging and returning the deposit.
http://england.shelter.org.uk/get_advice/paying_for_a_home/tenancy_deposits/deposit_protection_and_tenancy_deposit_schemes

korky69

Fire_Fox wrote: »

It's worth running an advanced search, these issues have been covered many times. The lease did not expire the fixed term expired and rolled onto a statutory periodic tenancy. Are you saying he paid admin fees for another fixed term that was never received/ AST that was never signed? If so write and ask for the money back.

Has he checked all three deposit schemes? Has he asked for clarification in case there was a typo? Don't telephone, write - if the letting agent is obstructive write to the landlord using the address at which to serve notices on the original tenancy agreement. He is ultimately liable for lodging and returning the deposit.
http://england.shelter.org.uk/get_advice/paying_for_a_home/tenancy_deposits/deposit_protection_and_tenancy_deposit_schemes

he's had 2 calls off the deposit schemes and both said its not with them, inc 1 who he has a certificate for, he's still waiting on the 3rd, but doing the online check shows nothing.
i got it wrong with 3 fixed leases, he's approaching the end of his 2nd, he did pay for 1 renewal but they would not issue him with it in writing,

korky69

Fire_Fox wrote: »

write - if the letting agent is obstructive write to the landlord using the address at which to serve notices on the original tenancy agreement.

just been texting my mate, and we both have the same address on our certificates, different names but c/o for the address which is the agents, so no point writing to them!
as i said, mine shows up protected, but his does not show a thing,
call me suspicious, but both the named owners aren't what you'd call common, sound more like ibiza dj's!

Fire_Fox

korky69 wrote: »

just been texting my mate, and we both have the same address on our certificates, different names but c/o for the address which is the agents, so no point writing to them!
as i said, mine shows up protected, but his does not show a thing,
call me suspicious, but both the named owners aren't what you'd call common, sound more like ibiza dj's!

Please read my posts more carefully. I didn't tell you to write to the agents, I suggested writing to the landlord using the address at which to serve notices on the tenancy agreement. If you wish to clarify the landlord's name and possible get an additional (not alternative) address to use download the title from the land registry website (£3).

tbs624

I agree with FireFox's suggestions so far

korky69 wrote: »

he has paid for a further 2X6 month leases since but never ever actually got them in writing, he just paid what they asked and despite asking for them, the would not issue them.

He should write to the LL, via the LA if that is the address given in the tenancy agreement "for the service of notices" and formally request a copy of his tenancy agreement. He should keep a copy of the letter.

checked his original deposit certificate and nothing! he's checked the other 2 deposit schemes (not sure if they are just 3) and nothing there either, ..............i did tell its possible for them to have taken it out after the 1st fixed lease expired and put it with another, but they refuse to tell him anything!

If this had happened then the original Deposit Scheme should have contacted your friend. Has he requested formal confirmation from the Deposit Scheme under which that original certificate was provided? Have they confirmed that the deposit was held by them at some point, ie that the registration info is not fake?

Is the LA signed up to ARLA, NAEA etc? ( can be checked online) If yes, they have a code of conduct and your friend can make a formal complaint if the LA is refuses to respond to his queries.

Most local Councils will have a private sector tenancy relations officer who can help if a T is having difficulties with their LL/LA

korky69

forgive me for not understanding your replies, I did say a fixed lease expired, which is correct or I maybe not termed it right?
he paid for a further 6 months, but even when he asked numerous times, they refused, albeit without saying no, but just chose to ignore to supply the new paperwork.
but even now they won't issue him with the new and soon to be expired lease he paid for, along with them refusing to tell him if his deposit is secured or not,
but to get in touch with the landlord given the available info to hand, he must still write to the agent?
who does he contact to formally complain about them?
not sure if the deposit schemes can help or not with it not looking like its protected,
I'm not sure if it ever was yet as I don't have all the facts.
one thing I know from experience with them is that they don't like to do stuff that will cost them, hence why I got out.

korky69

tbs624 wrote: »

Is the LA signed up to ARLA, NAEA etc? ( can be checked online) If yes, they have a code of conduct and your friend can make a formal complaint if the LA is refuses to respond to his queries.

Most local Councils will have a private sector tenancy relations officer who can help if a T is having difficulties with their LL/LA

don't think they are, I had issues with them and ended up getting in touch with their local council who they are registered as a *trusted* agent or words to that effect,
they had a word but said they couldn't really do anything,
obviously I cannot name them on here

Fire_Fox

korky69 wrote: »

forgive me for not understanding your replies, I did say a fixed lease expired, which is correct or I maybe not termed it right?
he paid for a further 6 months, but even when he asked numerous times, they refused, albeit without saying no, but just chose to ignore to supply the new paperwork.
but even now they won't issue him with the new and soon to be expired lease he paid for, along with them refusing to tell him if his deposit is secured or not,
but to get in touch with the landlord given the available info to hand, he must still write to the agent?
who does he contact to formally complain about them?
not sure if the deposit schemes can help or not with it not looking like its protected,
I'm not sure if it ever was yet as I don't have all the facts.
one thing I know from experience with them is that they don't like to do stuff that will cost them, hence why I got out.

As already stated

Fire_Fox wrote: »

It's worth running an advanced search, these issues have been covered many times. The lease did not expire the fixed term expired and rolled onto a statutory periodic tenancy. Are you saying he paid admin fees for another fixed term that was never received/ AST that was never signed?

.... I didn't tell you to write to the agents, I suggested writing to the landlord using the address at which to serve notices on the tenancy agreement.

korky69

Fire_Fox wrote: »

As already stated

only address we have to hand is the agents address, which is also the landlords?
he can hardly write to the landlord to slag the agents off when its them that will be opening the letter?