Can the Letting Agent Keep the Deposit?

dibdabable

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.

She has yet to hear back from one tenant but otherwise no, they haven't. She'll start the process then.
We have put in details into the 3 Deposit Schemes and can find no evidence they were ever there, but it's difficult to actually prove categorically that they haven't deposited the money. Still I suppose we'll soon find out.

dibdabable

One quick question. Throughout the proceedings at taking on the Tenancy and during the Tenancy and paying the Deposits etc the Tenants have only ever dealt with the Letting Agent. The LAs have always indicated that they are the ones to release the Deposits. The Landlord has had no communication whatsoever even after the letter before action that was sent. On the form we're filling out it asked for the defendant, we feel it's the Letting Agent but some here have suggested the Landlords responsible. Is it better to make a small claims court application online does that make things quicker?

Interestingly enough we looked up the LAs to see if they had been reviewed at all and there are many such problems by other tenants with the same problem of not being able to have their deposits back and them taking out additional months of rent etc after the Tenancy Term is finished! So this certainly isn't the first time.

jazabelle

dibdabable wrote: »

One quick question. Throughout the proceedings at taking on the Tenancy and during the Tenancy and paying the Deposits etc the Tenants have only ever dealt with the Letting Agent. The LAs have always indicated that they are the ones to release the Deposits. The Landlord has had no communication whatsoever even after the letter before action that was sent. On the form we're filling out it asked for the defendant, we feel it's the Letting Agent but some here have suggested the Landlords responsible. Is it better to make a small claims court application online does that make things quicker?

Interestingly enough we looked up the LAs to see if they had been reviewed at all and there are many such problems by other tenants with the same problem of not being able to have their deposits back and them taking out additional months of rent etc after the Tenancy Term is finished! So this certainly isn't the first time.

I would sue the landlord, but make the agency a co-defendant. While the legal duty remains with the landlord, it might make them sort it out quicker if they're being dragged into it.

Might also be worth reporting them to their local council if they have a history of this. I'm not saying it would get your deposit back, but they might be able to build a case in time.

Guest101

dibdabable wrote: »

One quick question. Throughout the proceedings at taking on the Tenancy and during the Tenancy and paying the Deposits etc the Tenants have only ever dealt with the Letting Agent. The LAs have always indicated that they are the ones to release the Deposits. The Landlord has had no communication whatsoever even after the letter before action that was sent. On the form we're filling out it asked for the defendant, we feel it's the Letting Agent but some here have suggested the Landlords responsible. Is it better to make a small claims court application online does that make things quicker?

Interestingly enough we looked up the LAs to see if they had been reviewed at all and there are many such problems by other tenants with the same problem of not being able to have their deposits back and them taking out additional months of rent etc after the Tenancy Term is finished! So this certainly isn't the first time.

It's the LL, always.

All LAs must be registered with a scheme now, which scheme are they registered with? Worth a complaint too

dibdabable

Guest101 wrote: »

It's the LL, always.

All LAs must be registered with a scheme now, which scheme are they registered with? Worth a complaint too

Unfortunately despite having asked several times, they have never told us what scheme they're in. If the google review's are anything to go by, people have stated they believe they haven't put the deposits anywhere. It doesn't sound as though anyone's done anything further than keep complaining and eventually the LAs give the deposits back. We're beyond that now.

Guest101

dibdabable wrote: »

Unfortunately despite having asked several times, they have never told us what scheme they're in. If the google review's are anything to go by, people have stated they believe they haven't put the deposits anywhere. It doesn't sound as though anyone's done anything further than keep complaining and eventually the LAs give the deposits back. We're beyond that now.

Just to clarify the LA must be registered ( different to the deposit ), it's a recent change.

dibdabable

Guest101 wrote: »

Just to clarify the LA must be registered ( different to the deposit ), it's a recent change.

Do you mean that they have to be registered with a scheme which they are registered for all deposits? They then routinely place deposits there. My daughter and I have checked all the various Schemes with a multitude of differing info and no scheme has registered any deposit. Thanks for your input everyone.

DT12

Regarding the Tenancy Deposit Scheme, it is a legal requirement that landlords lodge your deposit at the start of the tenancy and provide you with a certificate telling you which company your deposit is lodged with.

It is fairly simple matter for you to start a small claims court procedure against the landlord for failing to comply with the law.

It can be filed online and costs are minimal. You should be awarded your deposit x 3 plus original deposit back.

The whole point of the deposit scheme is that you and the landlord have to go through a mediation process if there is a dispute like this. It was set up to stop landlords unfairly withholding deposits. The penalties are established to stop landlords from not using the schemes.

I would forget about contacting the LA and LL now after you've sent the letter and had nothing back. Go straight to the court and go for the full penalty amount plus costs. From your account (if accurate) they don't have a chance of any defence.

DT12

dibdabable wrote: »

Do you mean that they have to be registered with a scheme which they are registered for all deposits? They then routinely place deposits there. My daughter and I have checked all the various Schemes with a multitude of differing info and no scheme has registered any deposit. Thanks for your input everyone.

Letting agents must be registered with a redress scheme (separate from the deposit scheme)

http://england.shelter.org.uk/get_advice/private_renting/problems_with_renting/letting_agent_redress_schemes

This is so any disputes from a LA not addressing a complaint can be escalated to a third party. To stop problems like you are currently facing.

"It's a criminal offence for a letting agent not to be a member of a redress scheme.

A local council can issue a fixed penalty fine of up to £5000 to a letting agency branch that is not a member of a scheme. Letting agents with multiple branches could face multiple fines.

Your local council can investigate and prosecute agencies who have not signed up to a scheme."

SerialRenter

Step 1:
Go to this site, follow the links and enter information about your daughters tenancy.

If one says "yes we have that deposit" then proceed to step 2.
If none do, phone them up and ask. If there's still no sign of it, you will be able to take the landlord to court for non protection of the deposit.

Step 2:
On the website of the deposit protection scheme it's held with, open a claim for the full amount to be returned to you.

Step 3:
The LL/LA will be notified that a claim has been raised and will be given a period of time to contest it or agree. If they disagree it'll be taken to arbitration.

Step 4:
The deposit should then be returned in full for all tenants to the lead tenant, who will then divide it amongst the tenants. So see if you can find out who the lead tenant is. If they do a runner, take them to court too!