Deposit not secured in DPS - no response from LL

nadirnwo

Hi,

I moved into a flat last month and since moving in I have found the LL uncooperative and difficult to get in touch with. I have not received any documentation from any of the DPS's regarding whether my deposit has been protected. The LL is not responding to my queries to whether they have placed my deposit in an appropriate scheme.

Where would I have to go if I want to take this to court?

Is wait and see the best approach (as 30 days have passed) or is it better to act asap?

Kazzaroo

nadirnwo wrote: »

Hi,

I moved into a flat last month and since moving in I have found the LL uncooperative and difficult to get in touch with. I have not received any documentation from any of the DPS's regarding whether my deposit has been protected. The LL is not responding to my queries to whether they have placed my deposit in an appropriate scheme.

Where would I have to go if I want to take this to court?

Is wait and see the best approach (as 30 days have passed) or is it better to act asap?

First port of call is to send a letter to the address (make sure you get proof of postage from post office) in TA for serving notices saying something like:

Dear Landlord,

As you are aware i paid a deposit of XYZ on XYZ as you are aware you have 30 days from receiving it to protect it in a registered tenancy deposit scheme,I must also be informed of which deposit scheme it is secured with within these 30 days also,I formally request these details for my records

Yours

A Tenant

---

this is some advice from http://www.rla.org.uk/landlord/tenancy_deposits/tds-FAQ.shtml#3 -

Operation of the tenancy deposit scheme
Q.17 How does deposit protection work in practice?

There are two types of scheme: a custodial scheme and two insurance-based schemes.

The landlord — not the tenant — will have the option to choose whether to safeguard the deposit in the custodial or an insurance-based scheme.

Q.18 How long will the landlord have to take action?

A landlord will have 30 days to safeguard a deposit from the day he receives it. The landlord will have to provide the tenant prescribed information about the scheme safeguarding the deposit within these 30 days along with the Scheme's tenants leaflet.

Q.19 What happens if there is a dispute?

To avoid disputes having to go to the courts, the schemes are supported by alternative dispute resolution (ADR) service - although the use of this will not be compulsory. Instead of dispute it can go to Court if either the landlord or the tenant objects to the ADR procedure being used.

Q.20 What information does the landlord have to give the tenant?

Within 30 days of receiving a deposit, landlords will have to provide tenants will details of which scheme is protecting the deposit.This is the prescribed information. It must be accompanied by a copy of the relevant Scheme leaflet. Separately, the Scheme will give you an official receipt but this is not the same as the prescribed information. For My Deposits much (but not all) of the prescribed information forms part of their official receipt.

Q.21 How can tenants find out if their deposit is protected?

The scheme will be able to confirm if the deposit is protected. A tenant will be able to ask the scheme administrators direct for confirmation that the deposit is protected under the tenancy deposit scheme.




hope this is of some help to you

martindow

It can be to your advantage in some respects as an S21 from your LL to end the tenancy will not be valid if the deposit has not been put in a scheme and the details passed on to you.

nadirnwo

Kazzaroo wrote: »

First port of call is to send a letter to the address (make sure you get proof of postage from post office) in TA for serving notices saying something like:

Dear Landlord,

As you are aware i paid a deposit of XYZ on XYZ as you are aware you have 30 days from receiving it to protect it in a registered tenancy deposit scheme,I must also be informed of which deposit scheme it is secured with within these 30 days also,I formally request these details for my records

Yours

A Tenant

---

this is some advice from http://www.rla.org.uk/landlord/tenancy_deposits/tds-FAQ.shtml#3 -

Operation of the tenancy deposit scheme
Q.17 How does deposit protection work in practice?

There are two types of scheme: a custodial scheme and two insurance-based schemes.

The landlord — not the tenant — will have the option to choose whether to safeguard the deposit in the custodial or an insurance-based scheme.

Q.18 How long will the landlord have to take action?

A landlord will have 30 days to safeguard a deposit from the day he receives it. The landlord will have to provide the tenant prescribed information about the scheme safeguarding the deposit within these 30 days along with the Scheme's tenants leaflet.

Q.19 What happens if there is a dispute?

To avoid disputes having to go to the courts, the schemes are supported by alternative dispute resolution (ADR) service - although the use of this will not be compulsory. Instead of dispute it can go to Court if either the landlord or the tenant objects to the ADR procedure being used.

Q.20 What information does the landlord have to give the tenant?

Within 30 days of receiving a deposit, landlords will have to provide tenants will details of which scheme is protecting the deposit.This is the prescribed information. It must be accompanied by a copy of the relevant Scheme leaflet. Separately, the Scheme will give you an official receipt but this is not the same as the prescribed information. For My Deposits much (but not all) of the prescribed information forms part of their official receipt.

Q.21 How can tenants find out if their deposit is protected?

The scheme will be able to confirm if the deposit is protected. A tenant will be able to ask the scheme administrators direct for confirmation that the deposit is protected under the tenancy deposit scheme.




hope this is of some help to you

Thank you! That lays it out well. I will follow this. I have contacted the LL by email and sent a follow up, but with no response. I will send it in writing now. I guess what is left to know is that if I do not hear from the LL, which court can I take it to?

nadirnwo

martindow wrote: »

It can be to your advantage in some respects as an S21 from your LL to end the tenancy will not be valid if the deposit has not been put in a scheme and the details passed on to you.

Does that mean that I cannot be forced to leave?

BitterAndTwisted

Yes, that is precisely what it means: the landlord cannot formally and legally end your tenancy.

Benji

BitterAndTwisted wrote: »

Yes, that is precisely what it means: the landlord cannot formally and legally end your tenancy.

Unless you breach your contract (section 8).

If you want to take the deposit non-protection issue to court then please be aware that it is not allocated to the 'small claims' track, it is known as a 'part 8' claim (part 8 of the civil procedure rules) and as such will be allocated to the multi-track. This means court fees iro £1000 if it goes all the way. Now if you were successful, the landlord should be ordered to pay that all back to you, but this is more complex and less forgiving than 'small claims'. It is grown up court. One mistake and your claim could be over.

There are companies that offer to pursue such claims on a no-win-no-fee basis. However, nearly all of the 'commercial' schemes I have seen are run by people with no legal qualifications and the fees are astronomical if you do win - I have heard of several cases where the company has come away with more than the tenant.

If you are on benefits or low income then you may be able to get court fees waived (google ex160a) and for about £70 you can get a deposit claim 'kit' from a well respected solicitor. http://www.tenancydepositclaims.co.uk/

Alternatively, a 'real' solicitor may be willing to do it on no-win-no-fee. It will be difficult to find such a deal but if you do, it will probably be cheaper and more reliable than the commercial companies.

G_M

The LL can get a possession order from court via a S8 Notice(eg for rent arrears).

But the more usual route, a S21 Notice, to get possession(ie evict you) either when the initial fixed term ends, or later) cannot be used by the LL unless he first returns your deposit in full.

To enforce, you use the County Court. It costs around £1000, but you claim this back from the LL too, as well as a penalty of 3 times the deposit.

You can do this now. Or when the tenancy ends. Or even later.

nadirnwo

I would rather not go to court, but I have a bad feeling about all of this. I dont have a written contract yet because it was supposed to be updated by the letting agents who say they are waiting on the LL. The letting agents themselves have completely washed their hands of this saying its LL managed and the LL is not responding to any queries regarding the contract or deposit. 30 days have now passed and no updates from LL. I am not sure whether the LL can just claim ignorance about the DPS and then say they will put the money in at a later point.

Kazzaroo

nadirnwo wrote: »

I am not sure whether the LL can just claim ignorance about the DPS and then say they will put the money in at a later point.

Proberly but he would be laughed at in court and no they cant

do you know if he had tenants before you ? what happened to their deposit etc ?

Benji

nadirnwo wrote: »

I would rather not go to court, but I have a bad feeling about all of this. I dont have a written contract yet because it was supposed to be updated by the letting agents who say they are waiting on the LL. The letting agents themselves have completely washed their hands of this saying its LL managed and the LL is not responding to any queries regarding the contract or deposit. 30 days have now passed and no updates from LL. I am not sure whether the LL can just claim ignorance about the DPS and then say they will put the money in at a later point.

Ignorance won't work, and protecting late was a loophole closed in April 2012. Sorry officer, I didn't know I needed a driving license, I'll get one later. It's the law.