Can the Letting Agent Keep the Deposit?

bujin

Okay. Thanks for explaining that. I wonder why in all the communications we've had the LA would have given us the impression that they were responsible for the Deposit returns.Okay so would you suggest we ask the Landlord what scheme the deposits were deposited in and go from there?

As far as I can tell looking through the previous comments below,no one has suggested that it's the LL we need to deal with not the LA.

dibdabable

Could really do with some step by step help here. It looks like it's time to just take action rather than talking to them again. In the meantime another tenant asked and she was told it would be 3 weeks. This was six weeks ago!! I can't uderstand why it would take 3 weeks anyway, I believed that once the LL and Tenant agreed any deductions the Landlord has 10 days to return it.

So would the advice be just go ahead now with a small claims suit. Should she try contacting the LL and advise him of what's been happening, considering he hasn't been in any of the discussions so far. Really would appreciate help here. Thanks.

BitterAndTwisted

The tenants (preferably the "Lead Tenant") need to write a "Letter Before Action" addressed to the landlord and a copy sent to the agent. Reference needs to be made in the letter to the fact that their deposit was not registered as required by law. The penalty for non-registration can be up to three-times the deposit value. If the deposit is not returned within seven days the tenants will consider commencing action in court and they fully intend to ask the court to award them the three-times deposit as a penalty.

This should be done AFTER all three scheme's websites have been interrogated to ensure that the deposit truly was not registered.

DPS.
TDS.
MyDeposits.

If you need help in composing that letter we'd be happy to oblige.

dibdabable

Thanks. This is great. I think you're right we need to establish if the Deposit has been secured anywhere first. Can the tenants do this without going through the LL or LA?
Do you think they should even bother approaching the LA again in person or just get the Tenants to write this letter?

An email was sent to the LA's outlining the problems and the fact that emails and other comunications had been ignored, the email also stated that outside help would be being sought if they didn't hear from them within 48hrs about the return of the depoits, this email was ignored, it was sent on the 15th, I presume a more formal letter should be sent in any event?

BitterAndTwisted

From what I understand (never having had to search for a deposit myself) you can interrogate the deposit schemes by property address to see whether there's any record of it.

Never, EVER deal with important matters by email! It might be possible to prove you've sent it but not to prove that someone else has either read or understood it. This might end up in court so deal with these shysters formally and properly.

Get them to send a formal letter headed "Letter Before Action" (those precise words as a heading) referring to:
the complete property address
the start-date of the tenancy
the end-date
the amount of deposit paid per the tenancy agreement
and who it was physically paid to

Have the letters sent from two different post-offices on the same day retaining proof-of-postage (four letters in total). First-class mail NOT by any signed-for service.

This should make all parties sit up and take notice.

Pixie5740

Shelter's website has a template "letter before action" you could use.

http://england.shelter.org.uk/get_advice/tenancy_deposits/tenancy_deposit_protection_schemes/deposit_protection_and_tenancy_deposit_schemes

It also explains what steps to take next if the letter before action doesn't work.

dibdabable

This is all really good stuff, thanks. I'll let them know what they need to do and tell them to get on with it now.
Thanks for all your help.

dibdabable

Thought I'd come back to the same thread. Just to say, a letter was sent as instructed and was posted on the 19th November. The Landlord and Letting Agent were given 10 working days to respond by returning the Deposits and they asked any and all communication to be sent by written mail not by email. No letter has arrived but on the 21st of November my daughter received an email from the Letting agents, despite asking not to be emailed, they stated that the Deposits had been sent back to their accounts. To date there have been no deposit return to her account.
They LA's were also asked in the letter for the Scheme number for the Deposits, this hasn't been given either. There has been no communication from the Landlord at all.

So I guess that as "Letter before Action" means just that and now their next course of action is the small claims court?

Pixie5740

Have any of the other tenants received their portion of the deposit back?

Either way, if your daughter hasn't received anything then yes if the Letter Before Action didn't get her anywhere it's time to take action against the LL in court.

topdaddy_2

Pixie5740 wrote: »

Have any of the other tenants received their portion of the deposit back?

Either way, if your daughter hasn't received anything then yes if the Letter Before Action didn't get her anywhere it's time to take action against the LL in court.

And claim up to three times the amount of the deposit for not protecting it.;)