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Can the Letting Agent Keep the Deposit?

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Comments

  • m0bov
    m0bov Posts: 2,765 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    OP should have details in their contract of who the deposit is with?? As others said, get onto the site NOW and claim it back.
  • dibdabable
    dibdabable Posts: 290 Forumite
    That's good. We sent off an email to the LA, surprise surprise having simply asked for the scheme number etc, they have said they'll be releasing the deposits this week!! Hmm. Thanks we'll know next time.
  • steeeb
    steeeb Posts: 373 Forumite
    dibdabable wrote: »
    That's good. We sent off an email to the LA, surprise surprise having simply asked for the scheme number etc, they have said they'll be releasing the deposits this week!! Hmm. Thanks we'll know next time.

    Any chance they didn't actually register the deposit in a scheme and therefore will be in trouble for not doing so.

    It seems they're trying it on with students and simply not returning deposits and giving bad excuses to try and keep as many deposits as they can.

    They HAVE to inform you within 14 days of taking the deposit of which scheme the deposit is held with as well as all the details. Did they do this?
  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
    10,000 Posts Eighth Anniversary Name Dropper Photogenic
    dibdabable wrote: »
    That's good. We sent off an email to the LA, surprise surprise having simply asked for the scheme number etc, they have said they'll be releasing the deposits this week!! Hmm. Thanks we'll know next time.

    How very curious. ;)
  • bujin
    bujin Posts: 242 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    Just wanted to resurrect this post. Despite saying that they would send Deposits they haven't. I've emailed twice since and we eventually went into the Office, unfortunately and apparently the girl who deals with the deposits wasn't there. I told the person who was there that they had had no legal right to hold the deposits in the first place and we'd expect something by the following week, he looked a bit shocked and pale when I said this. Anyway he promised we'd have them by the end of next week, that was 2 weeks ago.
    Having a lot on our plates we'd forgotten all about it until my daughter reminded me she hadn't received it back.

    My plan is to phone them tomorrow and tell them I will be coming in on the 11th (I'll be visting my daughter in her city) and telling them we will expect payment the same day.

    Anyone have any better suggestions and is there someone I can report them to. We don't have the scheme number and they don't seem inclined to give it to us either. It's been pretty disgusting the way they've treated this whole affair. We'd really appreciate having something to take in with us in terms of knowledge of her rights etc.
  • jjlandlord
    jjlandlord Posts: 5,099 Forumite
    Stop wasting time... Already 4 months wasted.

    They should use the deposit scheme if they can.
    Otherwise they should send a letter before action to the landlord and sue if necessary afterwards.
  • bujin
    bujin Posts: 242 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    jjlandlord wrote: »
    Stop wasting time... Already 4 months wasted.

    They should use the deposit scheme if they can.
    Otherwise they should send a letter before action to the landlord and sue if necessary afterwards.

    What do you mean "they should use the deposit scheme if they can". They don't even know at this stage whether their deposits have been protected?

    Why a letter to the Landlord, he's not the one witholding the deposits? The Landlord doesn't even deal withn them anymore he left them for a different agency.
  • jjlandlord
    jjlandlord Posts: 5,099 Forumite
    bujin wrote: »
    What do you mean "they should use the deposit scheme if they can". They don't even know at this stage whether their deposits have been protected?

    Well, exactly my point, isn't it? "If they can" and apparently they cannot.
    bujin wrote: »
    Why a letter to the Landlord, he's not the one witholding the deposits? The Landlord doesn't even deal withn them anymore he left them for a different agency.

    The tenancy was between them and the landlord, they paid a deposit to the landlord even if it was held by the agent, the landlord is liable to repay it.
  • bujin
    bujin Posts: 242 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    edited 7 November 2014 at 9:04PM
    jjlandlord wrote: »
    Well, exactly my point, isn't it? "If they can" and apparently they cannot
    .

    Sorry if I'm being a bit dense here but who is "they"?
    jjlandlord wrote: »
    The tenancy was between them and the landlord, they paid a deposit to the landlord even if it was held by the agent, the landlord is liable to repay it.

    I thought the deposit is placed in a scheme not paid to the Landlord. Isn't it the Agent who would have placed it in a scheme?Are you saying our issue is with the Landlord? He's probably totally unaware of the problem. Surely if it's the Landlord we should be applying to the Letting Agent would have told us, they've certainly had enough opportunity.
  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
    10,000 Posts Eighth Anniversary Name Dropper Photogenic
    The tenants have a contract with the landlord. The landlord has a contract with the letting agency. The tenants have no contract with the letting agency.

    The landlord is always legally responsible for protecting the deposit regardless of whether or not they use an agent. If anyone ends up getting sued because the deposit hasn't been protected it'll ve the landlord.
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