Landlord changing Agents

juliethemuse

Hi all.
We moved in to this property in 2010. the agent wanted one months rent and one months deposit in advance.
We gave him the deposit and he just gave us a paper receipt. I now know this isn't whats supposed to happen, he was supposed to put it in a Rent Deposit Scheme. I think thats what it's called.
A month ago the landlord told us he was changing agents and ever since then they (the new agents) keep on and on about the deposit saying they cant locate it. they cant locate it because the other agent has kept it.
Now they are saying we have to pay it again and we cannot afford it.
can they force us to pay it? I suppose I will have to if we are legally obliged to. at the time we were desperate to get off a rough housing estate and didn't realise the former agent didn't do things properly.

Annisele

The agent is just that - an agent of the landlord.

If the first agent has run off with the money, that's the landlord's problem, not yours.

Shelter has some advice for tenants on deposit protection.

theartfullodger

Were I the tenant I would not change where I sent any money for rent without something in writing from the landlord - hopefully you got it.

As said, deposit is the landlord's problem: Politely thank new agent for his interest & refer them back to the landlord. If they carry on

...
the new agents keep on and on about the deposit saying they cant locate it...

then write (yes WRITE - keep copy.. and copy landlord..) telling them to stop harassing you...

You do not have to supply a new deposit: The landlord still owes you the original deposit ... (it is YOUR money not his..)

Assuming deposit not protected you have two benefits..
a) Landlord CANNOT issue a valid S21 notice & evict you without returning the deposit first..
b) You can sue LL for up to 3x deposit: I believe for up to 6 years after you leave the property...
- there's even a solicitor offering a service to help tenants do just that see...
http://www.landlordlawblog.co.uk/2013/04/24/tenancy-deposit-claims-help-for-tenants/

Silly landlord: Ignorant agent...

jamie11

I hope you still have that receipt. You can try to locate the deposit yourself by calling the deposit services, all you have to do is give your address, they will tell you if it has been protected. If it has not been then your landlord is inescapably responsible for it, it would have to be returned to you in full before your landlord could issue a S21. Even then you would be in a position to claim a penalty of from 1x to 3x the value of it in a non-protection claim.

Talk to your landlord, it's in his interest to sort this out quickly.

I assume you did not get the 'prescribed information' either.

G_M

1) Check with each of the 3 deposit schemes yourself to see if it was regiatered. there are 5now, but 2 are new so won't have it.

2) Have you proof you paid a deposit? Either a receipt, or does the tenancy agreement mention the deposit?

3) if you have proof you paid, then the landlord owes you the deposit. Your contract is, and always was, with him.

4) if it is not registered, the landlord (NOT his agent) has broken the law. Write to him and ask him why your deposit is not registered as per Housing Act 2004
5) Ignore the agent.


Deposits (Rules on deposit protection)

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

Prescribed Information (RLA links to various deposit schemes' documentation)

tbs624

G_M wrote: »

1) 2) Have you proof you paid a deposit? Either a receipt, or does the tenancy agreement mention the deposit?

Check back to the OP - see:

juliethemuse wrote: »

Hi all.
We moved in to this property in 2010. the agent wanted one months rent and one months deposit in advance.
We gave him the deposit and he just gave us a paper receipt.

My bolding. Hopefully the receipt states clearly what the money was for and ties in with a mention of a requirement for iyt be paid amongst initial paperwork or the tenancy agreement itself.

OP - as others have said, your deposit should have been scheme registered and the scheme's "prescribed information" given to you. Your LL has failed to meet his legal obligations, based on what you have posted so far. ( Presuming tenancy is in Eng./Wales - Scotland now also has deposit schemes but timelines are different)

Do you pay rent direct to LL or to the LA? Has the LL giving you written confirmation of the new LA's involvement?

Are you now within a new Fixed Term or has your tenancy become a Statutory Periodic, running on from one month to the next (where rent is payable monthly)?

TDS, mydeposits ( both insurance backed schemes) and DPS (custodial) are the three schemes which were originally operating when your tenancy started. ( DPS now also offer an insurance backed scheme, and Caplan have joined the throng) As G_M says, check with each scheme first and get written confirmation either way.

If no reg sorted and/or no prescribed info given then your LL is a muppet. Cannot serve you a valid S21 (notice of intention to seek possession) and has left himself open to a penalty payment of between 1 and 3x the deposit equivalent, plus a claim for your court costs.

Do you have an address for the LL? Either own address or formal written notification that this new LA's address is to be used for "serving of Notices" - look for mention of s48 of the LL&T Act 1987.

You then write ( keeping copy safe) telling the LL that your deposit was paid on x date, you have a receipt to prove this to be the case and you have checked for registration with the schemes.

Under no circumstances should you pay a further tenancy deposit. Ball is in LL's court.