Deposit Protection Service - Dates

Kevie192

Hi all,

Just after a bit of advice reagarding the DPS.

I have just received an email to confirm my deposit is with the DPS and give me the deposit ID and repayment ID. However, the start date of the tenancy the deposit relates to is the 28th March 2013 so I don't understand why it's taken 3 months to send this email?

I've logged in and the 'Date deposit paid' is showing as 28th March 2013 too but I'm not sure if that means the date I paid it to the agent or the date the agent paid it to the DPS. Anyone know which date this relates to?

Trying to work out if this is the agent being useless yet again and not protecting within 30 days of the tenancy start date or just that the DPS are a bit slow!

Thanks,

Kevin

Werdnal

As part of the full deposit protection requirements, the agent also has to sent you a package of information from the scheme, known as the Prescribed information, together with the T&C for reclaiming your deposit.

If they have not done this already, they have breached the regs by not protecting AND serving the PI within 30 days. I suspect they have forgotten to protect and now done it late - that is what triggered the DPS email to you.

You can either write reminding them of their obligations to provide the PI and ask why it has not arrived, or sit back and wait, knowing your deposit is now protected, albeit probably outside the required 30 days, so you can use this against you agents at the end of your tenancy.

Kevie192

I think I have received the Prescribed Information as we completed this form at the same time as we paid the deposit and signed the tenancy agreement, but I am still curious about the dates.

Flashmanchop

I think you should be grateful that your deposit is properly protected.

however, as someone has noted they maybe have taken their time to complete the process.

Kevie192

That's not really the point Flashmanchop... The implications for them of not protecting the deposit within 30 days are fairly large and I need to know where I stand.

Werdnal

Kevie192 wrote: »

That's not really the point Flashmanchop... The implications for them of not protecting the deposit within 30 days are fairly large and I need to know where I stand.

What "implications"? I get it, you want to start proceedings for the late protection? Long, drawn out and costly court process (£1K court fees, which of course you may be awarded against the LL if you are successful).

TBH, you are far better keeping this in reserve until the end of your tenancy and using it as a bargaining tool to persuade the LL/agent that you should get the whole deposit back, than starting claim now. Are you looking to stay there long term? LL likely to issue notice and not want to renew/continue your tenancy once the FT ends if you make a song and dance about it now.

What financial loss have you made? Or are you just wanting to jump on the "lets sue for all I can get" bandwagon - this is not really what the govenment had in mind when they brought in these !!!!-eyed deposit protection penalties.

I would wait and use it to your advantage when you want to leave, but obviously, choice is yours ...

Kevie192

Erm, I don't think I ever once said that I would use this to get all I can from the agent. Even though they are next to useless and left me with no way to wash at home for over a week...

All I want to know is what the dates are and therefore what position I will be in at the end of the tenancy.

Werdnal

There are no implications.

Your deposit is protected, which gives you the option to dispute deductions through their service. However, as with all deposit protection services, the LL can refuse to use them to arbitrate, meaning you would have to go to court anyway.

When you said "implications" I suspected that you want to launch the claims process for late protection.

As I have said twice now, either leave this to the end of the tenancy and use it to your advantage to persuade the LL/agent to return the whole amount OR make a fussy now and get the deposit back now, and/or take them to court. Bearing in mind, that making a fuss when your are still within your tenancy may not only get the deposit back, but may also get you notice by return.