How can i find out where rental deposit is held?

brians_daughter

Need advice really, back ground info below.

My bro rented a house, via a local letting agent. The process was a !!!! up from day 1.

He went to collect the keys (pre arranged date and time) and the guy dealing with it was off on holiday. No one else knew anything about it. Bro pressed someone at the letting agent to sort things out. He had already passed all the employment/credit checks etc and paid his deposit, but not signed a tenant agreement.

Employee 2 got him to sign agreement and called the house owner to confirm bro could take keys and move in that day.

Bro got keys, went to house. There was still stuff left in ie cups, glasses, wardrobes etc. he called letting agent who called house owner who said he 'left them incase he could make use of the items'. Bro was told to put them in the garage and house owner would be in contact to collect in time.

18 months later bro wants to move out as he's just bought a house.

Letting agent has been out yesterday (bro moved some stuff out but doesnt officially leave the house until 9th May) to do check on property (never been to do this before).

Letting agent is saying that the items put in garage are now useless (damp and warped wardrobes).

Brothers tenancy agreement includes no inventory or anything as was MEANT to be an unfurnished property.

Agent now saying they are only giving 1/2 deposit back due to the wardrobes that they (letting agent) said to store in garage and home owner would collect if they wanted the items. Brother explained he was told to put it there and owner would collect if needed, bro never used the garage so he's just kinda forgot they're there.

ANYHOW, after all that waffle I said he should check his documents that have come from letting agent. He's only got a contract, no inventory or copy of where is deposit is held. I've checked My Deposits and The Tenancy Deposit Scheme as well as he Deposit Protection Scheme. His deposit isnt showing in any of them.

Are there any more deposit schemes I can check? I'm worried the deposit hasn't been held as it should be and he may run into trouble getting it returned.

G_M

There are now 5 schemes, but 2 are new this month, so clearly it won't be those!

See:

Deposits (Rules on deposit protection)

Localism Act 2011 (section 184 - updates to deposit scheme rules) Plain English explanation!


Re inventory: if there is not one, landlord/agent cannot prove what was there when he moved in, or where it was, or what condition it was in, so tenant can simply contest any deposit deduction.

If deposit was not registered in scheme at all, or late, tenant can claim 3 times the deposit via the courts. The threat of this should be enough for LL/agent to return deposit in full (thus saving tenant the agro of court).

brians_daughter

Thanks, I just find it so hard to believe that an established letting agent hasn't followed the law re protecting the deposit. They have been in business over 30 years, but given the chaos that occurred the week he moved in i guess it is possible its not in a scheme.

I think im going to call them tomorrow saying i a=have a house i want to rent out and ask who they use to protect the deposit and contact that company directly rather than use the internet search tool.

Or is that OTT? I'd rather he be able to go back and say he KNOWS its not protected as he's rang and spoken to a person, rather than checked using the online tool

G_M

That will not give you the answer you want. The agent may have changed the scheme they use. The landlord may have registered the deposit himself, using a different scheme.

The only way to know is to check each scheme yourself.

However, by the sound of it, even if it IS registered, the tenant did not receive the 'Prescribed Information' (also within 30 days of paying the deposit), so penalty still applies.

(unless he received it and has forgoten....)

edit: just re-read your post more carefully. If tenant moves stuff into a non-habitable area (garage) he is responsible for any damage (surprise! the garage is damp!)
Yes, instruction to him to do this is a mitigating factor, but where is the evidence he was told to do this.

ALWAYS get details like this in WRITING.

On the other hand, no inventory.... "Wardrobe? What wardrobe?"

brians_daughter

Another question!

If the deposit is not protected and he then has issues getting it back and then therefore goes down the 'i'm taking you to court because you didn't protect my deposit' route. Who would be liable? The letting agent or the house owner where he's renting?

G_M

brians_daughter wrote: »

Another question!

If the deposit is not protected and he then has issues getting it back and then therefore goes down the 'i'm taking you to court because you didn't protect my deposit' route. Who would be liable? The letting agent or the house owner where he's renting?

The person he has a contract with.

The landlord.

the agent is just.... an 'agent' acting on the LL's behalf.

Hence the name: 'agent'.

Of course, the LL may be able to make a claim against his agent since he (LL) has a contract with... his agent. He pays him to do certain things, and if that contract included registering tenant's deposit on his behalf, the the agent is liable. To the landlord.

But that is of no concern to the tenant.

brians_daughter

G_M wrote: »

However, by the sound of it, even if it IS registered, the tenant did not receive the 'Prescribed Information' (also within 30 days of paying the deposit), so penalty still applies.

(unless he received it and has forgoten....)

I am 100% sure he would have the paper work if it was sent. This is the guy who still has every bank statement from the 1st one ever sent to him and organises his CD/DVD collection by alphabetical order,then he wonders why hes still single :rotfl::rotfl::rotfl: If he was sent it he would have it

k0sh

As there was no check in/inventory done at the beginning, then the agent cannot prove that the items were in perfect condition in the first place. Your bro can dispute and will win. If he has anything in writing about being told to store furniture in garage, it will help his case.

If your bro did not get the prescribed info or get details of where the deposit was kept, then this is a serious breach of the law. He can make hay with this by asking pertinent questions. Do not make any threats. Just ask pointed questions. Which scheme is my deposit kept in? Do you have to give me this information by law? etc....

k0sh

He should also contact the landlord and tell him what a shambles they are....after he has left them and got his money back.