Tenancy deposit deductions

applesyumyum

The status of my deposit is still 'awaiting agent response' so do I send the letting agent an email which probably wouldn't go down well, or wait it out and send a court order?

Would another option be to contact Landlord1 directly and ask him to release the deposit? I know his property was repossessed and he doesn't live in this area.

G_M

Dear Mr Landlord,

Re: (property 2)

I refer to the letter (email?) sent by xxx (Director) dated xx/xx/14, in response to my email dated xx/xx/14 concerning the non registration of my deposit.

I would refer you to my tenancy agreement, which clearly states:

"Deposit: '£350 - to be transferred from previous tenancy or paid in full within 28 days' ". (check exact wording)

This deposit, however, was not registered with DPS by yourself, as landlord, nor was the Prescribed Information supplied as required by the Housing Act 2004 as amended by the Localism Act 2011

In the interests of concluding the matter speedily and amicably, I am prepared to overlook the failure to comply with the legislation, and forgo the penalty, provided the deposit of £350 is returned in full within 5 working days.

Please note I shall not enter into further correspondance on this matter. If the deposit is not returned within the 5 days I shall commence legal proceedings for the penalty of 3 times the deposit.

Yours sincerely,

xxxx

---

Send by post, 1st class, addressed to the Landlord, at the address on your tenancy agreement (may be c/o the agent - do it anyway) AND a copy to the agents director at their address.

G_M

applesyumyum wrote: »

The only reference to deducting some of the deposit is in an email from the letting agent;

Only issues I can for-see are the burn mark on the carpet in the lounge and the damage to the inner door which the landlord has reported.

Letting agent is aware the deposit is on property1 and not property2

Please quote exact wording of email. Does it mention 'deduction from deposit', or simply list the damage without reference to the deposit?

If it refers to deposit, add this to the letter above.

applesyumyum

I can't ask LL2 to release the deposit as the £350 deposit I paid is still on property1 with DPS (therefore only returnable by LL1 or letting agent through DPS). I technically never paid a bond for property2 as I was never asked to, as far as I was aware the letting agent had transferred it (since reading about DPS I'm now aware this isn't possible so did the LA not know this either when they suggested it? I don't know). I'd rather wait to see if LL2 contacts me about the deposit (that he never asked for which I believe is because LA led him to believe I'd paid it/transferred from property1) and I don't have his contact details either.

I believe what's happened is that the letting agent intended to transfer deposit but at the time saw it wasn't that simple and forgot about it (or maybe didn't bother at all). LL1 was being repossessed so he probably didn't care about the property or my tenancy deposit to chase it up. Upon me moving into property2, LL2 never checked whether the deposit was registered and assumed it was, through the letting agent. Problems have now become apparent because I've left the property and requested my deposit back.

Should I email LA and state I've not yet received confirmation via DPS, please release £350 deposit of property1 which was vacated on -date-. If Mr LL2 would like to contact me these are my details ---.

NewShadow

Given you posted this from the LA earlier:

The landlord wants £150 for the carpet and £75 for the damage to the door (£225) although I can totally appreciate he is entitled to this I propose a total deduction of £125 please advise if you agree to this amount, if so I will advise the landlord to accept it you will then have the balance within 5 working days

I think I'd simply ask the LA: 'If I never paid a deposit for this property, what were you intending to take deduction from?'

G_M

applesyumyum wrote: »

I can't ask LL2 to release the deposit as the £350 deposit I paid is still on property1 with DPS (therefore only returnable by LL1 or letting agent through DPS). I technically never paid a bond for property2 as I was never asked to, ---.

Not so.

* Your tenancy agreement for property 2 makes clear a deposit was payable
* The agent acting for the landlord of property 2 made clear the deposit from property 1 was being used for the deposit on property 2.
* thereofre you paid a deposit on property 2
* So the LL of Property 2 is now liable for returning that deposit
* whether LL2 has correctly protected the deposit he took as required by law, or failed to comply with the law, makes no difference to his liability to return it to you.
* The only difference it makes is as to whether you can claim th 3 times penalty off him as well, or not!

applesyumyum

After receiving the email from LA on 22/01 I decided to reply on 24/01;

Hi ---
Maybe I could have explained the situation rather than sending a formal email, but I felt I needed to seek advice and did so. I'd pointed out the deposit was held at P1 and you were still trying to take money from it for a different property, you can't do that. I believe when you told me about the repossession of P1 you had intended to switch the bond over but by honest mistake didn't. However I'm not a fool and don't expect to be treated as such. I'm also disappointed in the voicemail you left me, it's unprofessional and unpleasant. You did me a favour by giving me the option of moving into P2, it was beneficial for myself so I'd have somewhere to live and for ---Letting Agent--- to keep a tenant to rent an empty property.
I can see on the DPS website the deposit status is 'awaiting agent response'. Please action the repayment as you said you would on Thursday.
Applesyumyum

He responded by adding his points into my email;

We also have taken legal advice and as I already knew we have absolutely no case to answer to, your bond has always been protected within the DPS, your tenancy contract on P2 specifically says that no bond was ever paid by yourself on P2, you never requested the return of your bond from P1 therefore we never received a request to release it etc etc

You damaged the property at P2 so I made a proposal to rectify the situation but you were quite within your rights to decline the proposal which you did

we can’t actually just switch bonds over from one property to another, as the tenant you need to request it be paid back to yourself or to the landlord or letting agent as you did none of these three things it stayed allocated to P1

No one ever suggested you are a fool, I was genuinely aggrieved by the content of your email, you threatened legal action based on a false (or misinformed) accusation that we hadn’t protected your bond when it had always been protected, I authorised for you to move into a property without paying an immediate bond in order to help your situation

This will be done today if it hasn’t already been done (deposit return)

I bare you no ill feeling and wish you well for the future – Regards ---LA---

As it stands at the moment, the deposit with DPS is being processed and I should get the full amount of £350 in 3-5 working days. I haven't heard anything about a request to pay for damage at P2 - yet. If I do, I will only agree to any money being paid if it's agreed through a small claims court.

Thanks to everyone who helped me out!