Can the Letting Agent Keep the Deposit?

jjlandlord

A redress scheme is to provide redress. What would be the redress sought by the tenant'?

Tenant: "Agent/landlord did not protect deposit, but they settled by accepting to pay 3x value of deposit."
Redress scheme: "Very nice. Is there something we could actually help you with today?"

Pixie5740

The LA hasn't actually shown the colour of their money yet so there could be something to redress.

relaxtwotribes

It is the landlord who is liable to pay the 3x compensation.

Given the facts of this case, as stated above, the LA would most certainly be found to have breached several clauses in the Code of Practice of whichever scheme it is a party to. An award of several hundred pounds might transpire if pursued all the way.

dibdabable

relaxtwotribes wrote: »

It is the landlord who is liable to pay the 3x compensation.

Given the facts of this case, as stated above, the LA would most certainly be found to have breached several clauses in the Code of Practice of whichever scheme it is a party to. An award of several hundred pounds might transpire if pursued all the way.

The problem would come in trying to get the LAs to divulge which redress scheme they are signed up to. I don't see why they'd give this up now, given how evasive they've been.
It is the Landlord who's responsible ultimately and pays but I imagine that the Landlord has followed up on the LAs and basically threatened to take them to the small claims just as we have done. I would imagine that the Landlord had expected the LAs to Protect the Deposits, but they failed to.

relaxtwotribes

Have a look on their website. There might be a logo at the bottom of the home page indicating which one they are signed up to.
Or, look at their shopfront window for a decal. Or phone the three schemes and ask.

oldbaldman

Voyager2002 wrote: »

It will not make a great deal of difference...

I sued a kitchen fitter: I was willing to go to mediation but he was not. When we eventually got to court the judge asked him why he had not accepted the offer of mediation; he gave a brief and insubstantial explanation and the matter was not mentioned again. The judge decided...

Oh: the hearing will not be out in public. It will just be a small room with the parties to the dispute, and a woman or man in a suit who is the judge.

That Judge exercised his or her discretion, another Judge may decide to place some import on that fact that one of the parties did not agree to mediation or offer it. if you consider the fact that the courts prefer all avenues to be exhausted before they become involved it is always better to be seen as the one trying to sort matters out before resorting to court action. How your actions would appear later is more important than what you do.

dibdabale you posted that:

Since beginning this claim we've found out that this has happened many times to others who are all, in the main, students. Whilst the main thing is she will hopefully get her money back, there's a part of us that almost wishes that we had gone to court. The LAs will probably just carry on doing exactly the same thing, until someone else can be bothered to tackle them on this issue.

If you can contact these others they may well be able to claim back their deposits, if they did not get them, and in any case if their deposits were not protected, up to 3 x the deposit from the LL, via the agent if their issue was within the last 6 years?

That sort of attention would warrant prompt action from the LA.

In addition to your action against the LL for the deposit and 3 x payment you also have an option to pursue the LA for the aggravation and inconvenience you have suffered for any money claimed, as I understand it courts can give 8% on top to account for interest that would have been accrued over time. I do not know where the figure of 8% comes from considering current interest rates. So, if yo8 have been offered your deposit in full ask for 8% on top of that and 3 x the deposit not to take the matter to court. Just a thought.

obm

dibdabable

Thanks for these comments, have had a look on the Website but nothing obvious there and I have added the name of the Letting Agent on all 3 sites for redress and they don't appear on any of them, I don't know if that's significant?

Oldbaldman, I thought of the additional interest after the phone call was over. I had already rung back once to ask for the Court Fee we paid initially to be added to the sum, so thought I didn't want to ring again. Anyway I'm happy we've got we've got and stayed the course til we got the result we wanted in the end.

Thanks everyone, I'll update when we have the cheque!!

oldbaldman

dibdabable wrote: »

Thanks for these comments, have had a look on the Website but nothing obvious there and I have added the name of the Letting Agent on all 3 sites for redress and they don't appear on any of them, I don't know if that's significant?

Oldbaldman, I thought of the additional interest after the phone call was over. I had already rung back once to ask for the Court Fee we paid initially to be added to the sum, so thought I didn't want to ring again. Anyway I'm happy we've got we've got and stayed the course til we got the result we wanted in the end.

Thanks everyone, I'll update when we have the cheque!!

If you want to connect with the youths, you need to consider the social media aspect.

obm

dibdabable

oldbaldman wrote: »

If you want to connect with the youths, you need to consider the social media aspect.

obm

I have a way of PM'ing the relevant students and previous tenants of this Letting Agent, to advise them of their rights under the law, via the reviews website where they have left their comments.
We'll ensure the ex tenant from my daughter's house is informed first, before there's a snowball effect. Thanks again for everyone's help.

G_M

dibdabable wrote: »

Thanks for these comments, have had a look on the Website but nothing obvious there and I have added the name of the Letting Agent on all 3 sites for redress and they don't appear on any of them, I don't know if that's significant?

!!

If they are not signed up to any of the 3 schemes, contact Trading Standards.