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Deposit protection notification question
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realmanproject
Posts: 9 Forumite
What is the legal situation if the landlord/letting agency has taken out deposit protection on your behalf, but they haven't informed you about it?
I'm guessing that they can't remove you from the property... but can I claim the deposit back and the extra 1 to 3 times the value of the deposit?
Also, in such a case, who would be liable? Is it the letting agent or the landlord?
I'm guessing that they can't remove you from the property... but can I claim the deposit back and the extra 1 to 3 times the value of the deposit?
Also, in such a case, who would be liable? Is it the letting agent or the landlord?
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Comments
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Please explain what you mean.realmanproject wrote: »What is the legal situation if the landlord/letting agency has taken out deposit protection on your behalf, but they haven't informed you about it?0 -
You would be informed that the deposit was protected by the deposit protection company, the landlord/agent would have to provide you with the prescribed information.0
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realmanproject wrote: »What is the legal situation if the landlord/letting agency has taken out deposit protection on your behalf, but they haven't informed you about it?
I'm guessing that they can't remove you from the property... but can I claim the deposit back and the extra 1 to 3 times the value of the deposit?
Also, in such a case, who would be liable? Is it the letting agent or the landlord?
AIUI:
1) Correct, (well not via a S21 anyway)
2) No
3) No
4) as there is no liability, it doesn't matter.
HTH
tim0 -
You would be informed that the deposit was protected by the deposit protection company, the landlord/agent would have to provide you with the prescribed information.
Well. We haven't received any kind of notification of our deposit being protected by either our letting agent or the deposit protection company. The only resaon that I know it has been protected is because I went to each of the individual companies to see if they had anything linked to us.tim123456789 wrote:AIUI:
1) Correct, (well not via a S21 anyway)
2) No
3) No
4) as there is no liability, it doesn't matter.
HTH
tim
Thanks Tim. That is as I suspected.0 -
realmanproject wrote: »Well. We haven't received any kind of notification of our deposit being protected by either our letting agent or the deposit protection company. The only resaon that I know it has been protected is because I went to each of the individual companies to see if they had anything linked to us.
Thanks Tim. That is as I suspected.
In that case...
1) Correct, (well not via a S21 anyway)
2) [STRIKE]No[/STRIKE] Yes
3) [STRIKE]No[/STRIKE] Yes
4) [STRIKE]as there is no liability, it doesn't matter.[/STRIKE] The landlord.0 -
Deposit must be protected and prescribed information serve to the tenant with 30 days of payment.
LL/Agent cannot issue a valid Section 21 until this is done. If deposit not protected the full amount must be returned prior to issuing S21. If deposit protected, but no PI served, PI must be served prior to S21.
Tenant can "try" to persue a claim for 1-3x (not definately 3, court decides), but the claim is costly (£1000'ish court fees) and long-winded, and often settled by mutual agreement before getting that far.
Tenant would sue LL, if LL had a case against agent for neglecting to protect, LL countersues agent!0 -
The original post was unclear, but you seem to be assuming thattim123456789 wrote: »AIUI:
1) Correct, (well not via a S21 anyway)
2) No
3) No
4) as there is no liability, it doesn't matter.
HTH
tim
* a deposit was paid
* it was registered
* but the tenant was not informed.
In which case your advice above is wrong.
1) correct (well not via S21)
2) Yes
3) Yes
4) landlord0 -
The original post was unclear, but you seem to be assuming that
* a deposit was paid
* it was registered
* but the tenant was not informed.
In which case your advice above is wrong.
1) correct (well not via S21)
2) Yes
3) Yes
4) landlord
OK you are right
It seems that when this was first heard at court a judge rulled as I have described.
However that case went to appeal six months ago and the appeal court found as above.
I must learn to keep up with these things (not that I am an interested party)0
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