deposit protection certificate not received

moneyspendexpert

hi,

i've rented a property through an estate agency and at the start of the tenancy I was informed that the deposit would be protected with mydeposits protection scheme. However, I did not receive a certificate or any info about the scheme.

The tenancy agreement was for 12 months and is now in a rolling tenancy and I'm concerned that I don't have the certificate or any proof that the deposit is actually with mydeposits.

Should I have been issued a certificate of some kind ?

thanks.

Guest101

Just go to my deposits, and the other sites, enter your info and see. If its not there, its good for you! so make doubly sure!!

moneyspendexpert

what do you mean if it's not there good for you!!?

thanks, but I would like to think it was there

I have read through my tenancy agreement and the only info in there is a few sentences about the deposit will be protected with a TDS protection scheme. I did contact the agency before the AST ended and rolled into a perodic and they told me not to worry about the deposit, it is protected.

I'm concerned though because I don't have any formal written info about the deposit or who or where it's held.

Lokolo

If it hasn't been protected you can take the LL to court and claim back up to 3x the value of the deposit.

Guest101

moneyspendexpert wrote: »

what do you mean if it's not there good for you!!?

thanks, but I would like to think it was there

I have read through my tenancy agreement and the only info in there is a few sentences about the deposit will be protected with a TDS protection scheme. I did contact the agency before the AST ended and rolled into a perodic and they told me not to worry about the deposit, it is protected.

I'm concerned though because I don't have any formal written info about the deposit or who or where it's held.

Have you checked?

If its not registered, you're entitled to receive your full deposit back immediately, and could potentially sue the LL for 1-3x the value of the deposit.

Also you cannot be evicted unless it is returned in full before hand, and you can still sue for 6 years from the date you paid the deposit.

So yes it is good for you

The Agent is very silly, but the deposit is the LL's responsibility. The new ruling in a recent case, states that the info needs to be provided again, once the AST changes into a SPT.

moneyspendexpert

Guest101 wrote: »

Have you checked?

If its not registered, you're entitled to receive your full deposit back immediately, and could potentially sue the LL for 1-3x the value of the deposit.

The Agent is very silly, but the deposit is the LL's responsibility. The new ruling in a recent case, states that the info needs to be provided again, once the AST changes into a SPT.

the agent took the deposit as they were managing the property at the time, is it not the agent who is liable to return the deposit ?

I have only received a letter to renew the tenancy but I declined and asked it to become periodic instead. There was no information about the deposit.

Guest101

moneyspendexpert wrote: »

the agent took the deposit as they were managing the property at the time, is it not the agent who is liable to return the deposit ?

I have only received a letter to renew the tenancy but I declined and asked it to become periodic instead. There was no information about the deposit.

No u have no contract with the agent, the LL is definitley responsible. You need to check the four sites, enter your info, they will tell you.

Either way they have broken the law, as this information must be provided within 30 days. (the LL not the agent)

G_M

the word 'agent' is the clue..... he is an .. er... 'agent' acting on behalf of the landlord.

Yourcontract is with the LL- he is legally responsible.

After you have checked yourself direct with the 5 schemes (Deposits ) write tothe landlord at the address provided (usually on your tenanc agreement) "for the serving of notices" (yes- a letter!) and copy the agent.

Alternatively, keep quiet- as said above, the LL cannot evict you via a S21 Notice until he returns the deposit first.

CWSmith

Slightly off topic, but ..............!

The Deposit Protection Scheme is flawed.
As a new and completely innocent landlady, I used a management agency to deal with the house I was letting out. They dealt with every aspect - I didn't know anything about the Scheme - I didn't even know the amount of the deposit, in fact, I didn't even know the names of the tenants! But as I said, I was innocent then!

Everything was fine for a while then out of the blue, the agency went bankrupt. My new (infinitely more efficient) agency immediately asked the first agency about the whereabouts of the deposit. Safe and sound, they said; the tenant has the certificate. New agency contacted the tenant and suggested they check - just to make sure. They said they would ...........! (They didn't!)

Three years later, they move out, and surprise, surprise - the deposit is nowhere to be found - the first agent had long since made off with it and he was nowhere to be found either, which left me liable.

As it is totally the landlord's responsibility, I think the rules should state that ONLY the landlord deals with the deposit - it should completely bypass the hands of any and all letting/management agents. I think that would make life a lot more straightforward for both landlords and tenants.

moneyspendexpert

CWSmith wrote: »

The Deposit Protection Scheme is flawed.
As a new and completely innocent landlady, I used a management agency to deal with the house I was letting out. They dealt with every aspect - I didn't know anything about the Scheme - I didn't even know the amount of the deposit, in fact, I didn't even know the names of the tenants! But as I said, I was innocent then!

I can understand that you had appointed an agent to take care of the property rental, but surely you must have been given a copy of the tenancy agreement detailing the name of the tenant(s).

I would much rather avoid the courts but as you say, it is possible that the agent may not have protected the deposit and it would then be the LL that has to return the deposit, even though the deposit didn't reach the LL.

Guest101

CWSmith wrote: »

Slightly off topic, but ..............!

The Deposit Protection Scheme is flawed.
As a new and completely innocent landlady, I used a management agency to deal with the house I was letting out. They dealt with every aspect - I didn't know anything about the Scheme - I didn't even know the amount of the deposit, in fact, I didn't even know the names of the tenants! But as I said, I was innocent then!

Everything was fine for a while then out of the blue, the agency went bankrupt. My new (infinitely more efficient) agency immediately asked the first agency about the whereabouts of the deposit. Safe and sound, they said; the tenant has the certificate. New agency contacted the tenant and suggested they check - just to make sure. They said they would ...........! (They didn't!)

Three years later, they move out, and surprise, surprise - the deposit is nowhere to be found - the first agent had long since made off with it and he was nowhere to be found either, which left me liable.

As it is totally the landlord's responsibility, I think the rules should state that ONLY the landlord deals with the deposit - it should completely bypass the hands of any and all letting/management agents. I think that would make life a lot more straightforward for both landlords and tenants.

Sorry but you chose to let your agent handle the deposit, you didnt have to. You are running a business and should find the relevent laws and regulations.

Yes your agent let you down, but that's not the tenants fault. They dont have to check anything. It's your responsiibilty.

In the future, make sure that you put the deposit in a scheme, then you cover yourself. Expensive lesson learnt atleast