Suspicions our deposit isn't held in a protection scheme

Cleverclogs

We've been renting our current property for over 3 years and are in the process of buying our own house so I was looking through our paperwork to see what notice period we need to serve (incidentally the shoddy contract doesn't state anything about a notice period!). Our LL has actually set up his own ltd company and runs the agency that lets most of the properties in our development. We've had a few run-ins & disputes over contractual issues in the past and we know it's a proper cowboy job, hence the driver for us to move.
Anyway, our deposit was substantial and having gone through the paperwork, there is a signed document by both the LL & us (as joint tenants) that says our deposit is held with the DPS.
We weren't as savvy as we are now, so didn't think to check our deposit was being held, but their website states we should have been contacted once our deposit was registered with the DPS and we should have been given an ID number. None of which we have. A search online with the DPS hasn't turned up any results that they have our deposit.
My concern now is that we know the LL/agency (same thing in our case) are running a shoddy operation, but potentially we could have issues and/or delays in getting our deposit returned when we do move out.
I'm not sure what would happen if it was confirmed our deposit wasn't registered. Would the LL just be able to register it from the present time? Should we approach our LL/agency questioning where our deposit is being held now, or are we better waiting until we have a completion date and need to give notice anyway?

Werdnal

Late protection of the deposit has been outlawed.

If the LL cannot provide proof it has been protected and the schemes (there are 4) don't have a record of it, then the LL could be open to a fine of 3x the deposit value, plus return of the full amount to you.

Write to the LL and ask him for proof your deposit has been protected and details of the scheme he used.

The claim for 3x the deposit is long-winded and costly (court application £1K'ish, but costs should be awarded to you if your case was successful). However, you can use this to "persuade" the LL to return your full deposit otherwise you will take him to court - and win!

hazyjo

Should be able to ring direct yourself to see if it's being held in any of the schemes (ttbomk).

Jx

G_M

Werdnal wrote: »

If the LL cannot provide proof it has been protected and the schemes (there are 4) don't have a record of it, then the LL could be open to a fine of 3x the deposit value, plus return of the full amount to you.
5 schemes; 4 Providers.

Contact each scheme yourself and ask!

Deposits (Rules on deposit protection)

Also see details of the Localism Act 2011 S 184 here:

Plain English explanation!

Cleverclogs

Thank you for your help. Our document clearly states it's held with the custodial scheme with the DPS but I've checked with all 4 providers and there's no record that our deposit is with any of them. We'll put it in writing to the LL and see what they respond with.
Just another example of their shoddy management...roll on homeownership!

clark24

When we handed our notice in on our current property, we also asked which scheme they had put our deposit. They were like 'oh we didn't, we just put it in our own account, but er we will do it today...' And to be fair they did, just a pity we are moving out in a few days and it was way way way past the legal deadline ... (to be fair, they are very unaware that the laws apply to them, they have always viewed and treated us as financially necessary squatters lol)

G_M

Cleverclogs wrote: »

Thank you for your help. Our document clearly states it's held with the custodial scheme with the DPS but I've checked with all 4 providers and there's no record that our deposit is with any of them. We'll put it in writing to the LL and see what they respond with.
Just another example of their shoddy management...roll on homeownership!

Just because a tenancy agreement states "No pets", does not guarantee a tenant will not get a cat.

Just because a tenancy agreement states "Deposit will be registered with XXX", does not guarantee the deposit will be registered!

If everyone did as they should, we would have no need for police, solicitors, courts, judges......