Tenancy Deposit Scheme

ShaneMW

Hi,

I have let from a letting agency in Milton Keynes continuously for the last 2 and a half years and was never provided with proof that the deposit was paid into any of the government approved schemes. I recently moved out after giving adequate notice. This tenancy was a joint tenancy with my partner who chose to remain in the property and take a sole tenancy after I left.

On leaving the property, the landlord refused to return any of the deposit to me and I therefore took legal advice. I was advised to request proof that the deposit was paid into one of the schemes and on doing so half of the deposit was returned to me. However I have again requested proof and have been advised that as I am no longer a tenant they will not provide me with it. I have since input tenancy details into each of the schemes websites and no record could be found of my deposit being in any of the schemes. I have again contacted the letting agents and have been told one one occasion that my deposit was paid into the TDS scheme (which there is no record of) and subsequently that it was paid into the DPS scheme (again, no record). On putting this to the agency they have stated they will no longer communicate with me.

I also have an email from the letting agents in my opinion indicates they have not used a deposit scheme.

I am now at somewhat of a stalemate with regards as what to do next. I would appreciate any constructive help in this matter.

Pixie5740

I just want to double check that the joint tenancy has definitely ended. Did your partner sign a new sole tenancy agreement?

Ultimately the responsibility of protecting your deposit lies with the landlord not the letting agency.

If the LA will no longer communicate with you, start communicating directly with the LL. If you don't have the LL's name and address contact the LA asking for these details which the LA has a legal duty to provide within 21 days.

Shelter has some sample letters you can use to write to the landlord:


http://england.shelter.org.uk/get_advice/tenancy_deposits/getting_your_deposit_back/court_action_to_get_a_tenancy_deposit_returned

If this fails then you can take the LL to county court to recover your deposit. You may also be able to sue for compensation for non-protection of your deposit. You don't have to sue but sometimes the threat of it is enough to get the LL/LA to return your deposit.

ShaneMW

Yes, the tenancy ended on 27th April and my ex partner signed a new sole tenancy that day.

DaftyDuck

But has half the deposit been returned, in effect, to your ex-partner? It was a joint tenancy that, on ending, resulted in both parties ending the contract, and one renewing it. Deposit returned to both parties, half to you, and half to your ex-partner. Partner now pays full deposit, full rental.

ShaneMW

Yes, thats correct. However I am not disputing that they haven't given the deposit back (which was only after I threatened them with legal action), it is the fact they have never provided me with proof my deposit was secured in a government approved scheme, the fact they are actively refusing to provide me proof of that they did, that there is no proof in any of the schemes that they secured it and they fact they have indicated to me that they do not use the schemes.

Pixie5740

Sorry, I missed the part in your original post saying that you had received your portion of the deposit back. I thought that the LA were refusing to give back your deposit. My bad.

What are you wanting to achieve? Are you hoping to sue your LL for non-protection of the deposit or just wanting the information out of curiosity?

jjlandlord

If they returned the deposit in full, why do you care?

Seems like someone is smelling easy money...

ShaneMW

I have no agenda going forward, however I had to fight for over a month with the agency in order for them to agree to give back my share of the deposit and it seems they are purposely ignoring my request for proof that my deposit was secured, which makes me question why they are doing so.

And JJlandlord (i'm assuming from your handle that you are a landlord yourself so understand your reply) if someone is disregarding the law, why should I not take action. The only reason I got my deposit back is because I fought my corner, however whats not saying that the agency is doing this to others who could be vunerable, elderly or not have the mind set to do what I have had to do to get my deposit back.

SerialRenter

jjlandlord wrote: »

If they returned the deposit in full, why do you care?

Seems like someone is smelling easy money...

To stop the next person experiencing difficulties perhaps?

It's a well known requirement of being a landlord, I see zero reason why they should be ignored and allowed to get away with their laziness.

Pixie5740

I think...and I could be wrong...that as you had a joint tenancy, which is a single agreement signed by two or more adults, then as far as the deposit is concerned it is a single deposit not two or more separate deposits.

Meaning that the whole deposit should have been returned at the end of the tenancy and a new deposit taken from your partner when the new sole tenancy started. This new deposit should be registered somewhere. If the agency won't deal with you then your partner could ask for the details of where this new deposit is being held.

That said, the LA should still provide you with details of where your deposit was held as you have up to 6 years after the tenancy has ended to sue for non-protection.

I think it's harsh to accuse tenants of "smelling easy money" when LLs who flaunt tenancy laws to save money are doing exactly the same thing.

Disclaimer: Not all landlords are bad.

jjlandlord

Claiming to fight for the elderly is a nice touch, I admit.