Unusual Deposit Protection Proecess of Agency??

annastesia

Any help on this matter would be really appreciated!!

Basically I am having trouble regarding my deposit and I am looking to move out of my rented property within the next few weeks.

I've spoken to the agency (acting on behalf of the landlord) regarding my deposit. I said that the DPS (which I have prescribed information to state the deposit will be with) has confirmed there is no deposit registered at my address (as well as nothing for other apartments in the building under the same agency/landlord).
I also said that a Deposit ID number had never been received.

The agency said that the deposit will be in a deposit scheme and the only time I will receive an Deposit ID number is after I leave and the deposit is in dispute. They said it would then be sent over from 'Accounts'.

I've been looking up on this for a while and I have never seen anything like it. The DPS guide I received at the beginning of the tenancy states that the landlord/agency should put my deposit into the scheme within 30 days and then they will issue me with a number. This has never happened.

Does anyone have any knowledge of this deposit process being used by the agency??
Or why the DPS can not find any trace of my deposit on the address?
I paid over my deposit early last year.

Any help would be appreciated.

anselld

The DPS operate two schemes, Custodial and Insured. Have you checked both?

benjus

Most agencies prefer the insured schemes - they don't hand the deposit over to the scheme (unless a dispute is raised), they just pay a premium to insure against the event that they are unable to return the deposit, in which case the scheme will step in and do so.

The custodial scheme (where the deposit is handed over to the scheme at the beginning of the tenancy) tends to be more popular with landlords who rent direct without an agency.

annastesia

The information I received stated it is a custodial scheme. The DPS confirmed no details for either that scheme or the insured scheme.

I don't understand this at all!!

RAS

We assume that you are in England or Wales?

If your landlord did not:

1. Secure the deposit in a scheme
2. Provide the required prescribed infor ation within 30 days

You can not only reclaim the deposit in full (and they cannot even issue a valid S21 notice), you can also claim upto 3 times the deposit although this may mean finding court fees upfront.

Are you moving of your own volition or as a result of a S21?

anselld

annastesia wrote: »

The information I received stated it is a custodial scheme. The DPS confirmed no details for either that scheme or the insured scheme.

I don't understand this at all!!

Well this is a lie ...

annastesia wrote: »

The agency said that the deposit will be in a deposit scheme and the only time I will receive an Deposit ID number is after I leave and the deposit is in dispute.

... so probably the rest of the Prescribed Information you received from the agency is also a lie.

If the agency cannot give you a Deposit ID which the DPS recognise then it is not protected with the DPS, simple as that.

annastesia

Thanks everyone.

I am in England RAS.

I am leaving due the treatment I've had from the landlord who is basically wants me out at end of the month as he wants to move his friend in.
I have never been in arrears and violated the contract during my tenure.
I received a Section21, and although it looks like it is invalid, I would still like to move as I have been messed around too much over the last month or so.

I've just spoken to the DPS again who were bemused by what the agency have told me. There is nothing registered at my address.

Really don't know what to do or think of it all so I'll have to do a lot of thinking!

Guest101

annastesia wrote: »

Thanks everyone.

I am in England RAS.

I am leaving due the treatment I've had from the landlord who is basically wants me out at end of the month as he wants to move his friend in.
I have never been in arrears and violated the contract during my tenure.
I received a Section21, and although it looks like it is invalid, I would still like to move as I have been messed around too much over the last month or so.

I've just spoken to the DPS again who were bemused by what the agency have told me. There is nothing registered at my address.

Really don't know what to do or think of it all so I'll have to do a lot of thinking!

Suggest you refuse to move until the deposit is returned