How long for return of unprotected deposit?

vroombroom

Hi all

Just after some advice for my mum please.

She handed the keys back to her rented flat on 30th August. It was rented through a letting agent in 2004, before the protected deposit scheme came in.
She gave notice to them as she never had anything to do with the landlord and was informed a new letting agent would take possession of the flat on behalf of the landlord. No probs.

So she gave the keys back, no probs - no repairs or cleaning needed. New letting group said they would chase up her £425 deposit. She called them a week later (Fri 6th Sept) andnthey said the landlord would be in contact.

She has sent two letters recorded delivery but he still not has replied or acknowledged. So......where does she go from here?

thanks x

G_M

She has a choice:

1) sue for the deposit. This would a a small claims case andcost about £100 (recoverable from the LL after the hearing)

2) Sue for the deposit PLUS a penalty of 3timesthe deposit as penalty for not protecting the deposit as per Housing Act 2004. County Court so fees around £1000(recoverable from the LL after the hearing)

Is she sure the deposit was not protected? Has she checked herself with each of the 5 schemes?

Deposits (Rules on deposit protection)

Dimey

Just a few questions first.
Does your Mother have a written receipt of having paid the deposit?
Who signed that receipt - who did she pay the deposit to?
Has the new letting agent taken over the business of the old letting agent or did the landlord just move to a new agent?

Who has your Mother written to? The old agent, the new agent and /or the landlord?

Does your Mother have full name & address contact details for all three?

What does your Mothers rental agreement say about the return of the deposit?

I'm just wondering whether its worth a face to face visit and one last warning before a quick small claims action.

Building_Surveyor

Deposit protection only came into force in April 2007 as a legal requirement on ASTs so wouldn't apply in this case. I don't know for sure but I suspect the only option is small claims which may cost in the short term, but those costs will be recovered with your claim.

dancingfairy

It would depend on whether it went on to a rolling contract or whether a new contract was signed each year. If a new contract was signed then the deposit should have been protected. If it should have been protected then you can sue for non-protection.
Anyway, the ultimate responsibility for the deposit lies with the landlord not the letting agent. Have you written to the landlord at the address for serving notices on your contract?
The landlord is the person you need to go after (And who you would actually sue).
df

AlexMac

When this happened to my GF's daughter, pre-deposit protection, it took a few formal-sounding letters, latterly threatening small claims action - plus a bit of a compromise on the sum as there had been a tiny bit of damage. So be persistent; my step daughter would have let it slip and lost out without our backbone

G_M

Building_Surveyor wrote: »

Deposit protection only came into force in April 2007 as a legal requirement on ASTs so wouldn't apply in this case.....

You would be right IF the original 2004 tenancy was for a fixed term of 9 years! Highly unlikely.

More likely either:

* the LL has granted a series of subsequent fixed term tenancies (eg of 12months each), in which case as soon as one was signed post 2007, the deposit would need to be protected; or

* the tenancy moved to a SPT when the fixed term expired. If this happened after 2007, then as ruled in superstrike Vs Rodriques, the deposit should have be protected at that point (since a SPT constitutes a new tenancy).

If the SPT started before April 2007, it is less clear:
- if the SPT is defined as a single tenancy, then protection would not be required
- if the SPT is defined as a series of related, monthly tenancies (each one constituting a 'new' tenancy for that period), then protection would have been required in 2007.

I do not believe the courts have yet ruled on the above.

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)

Re-issuing PI (when renewing a tenancy - Superstrike Vs Rodrigues - legal guidance)

vroombroom

Dimey wrote: »

Just a few questions first.
Does your Mother have a written receipt of having paid the deposit?
Who signed that receipt - who did she pay the deposit to?
Has the new letting agent taken over the business of the old letting agent or did the landlord just move to a new agent?

Who has your Mother written to? The old agent, the new agent and /or the landlord?

Does your Mother have full name & address contact details for all three?

What does your Mothers rental agreement say about the return of the deposit?
.

Hi everyone sorry been working all weekend.
She was on a rolling tenancy after the original 6 month expired in Nov 2004, nothing else was ever signed.

Dimey, just to answer your questions above. Yes she has a written receipt for the deposit being paid, it was signed by and handed over to the old letting agent (who she gave notice to).
The landlord has just moved to a new letting agent.


She wrote her letter of notice to the old agent, who replied and said a new agent would be taking over. She handed them the keys back and they told her they would tell the landlord to sort the bond back. SHe has had several phone conversations with the agent and has sent two letters to the landlord - so yes she has his full name and address. He lives in London (we're in the NE).

Also I am not sure about what it says in the original tenancy - will find out today

thanks again everyone!