Full deposit not protected

G_M

Sonnenamy wrote: »

If the penalties don't apply where only part of the deposit has been protected what is to stop a rouge landlord only registering a nominal amount? Would the S21 penalty still apply? It is not applicable in my case as I have moved out but is this a potential loophole?

Why the question, given that we have all indicated the opposite....?

But assuming your hypothesis were correct (which I seriously doubt), then yes, a rogue LL (or indeed any LL) could simply register a nominalamount.

Sonnenamy

[FONT=&quot]Apologies for running off on a tangent. This whole situation has made me quite interested in the finer points of law![/FONT]

pmlindyloo

I suggest that you wait for your LA/LL's response about the amount.

You clearly have evidence of how much you paid as a deposit.

This could just be a simple administrative error either by MyDeposits or the LA/LL.

When you use MyDeposits the actual money is help by the LA/LL not by MyDeposits.

http://www.mydeposits.co.uk/landlords/how-it-works

If it was a simple administrative mistake by either MyDeposits or LA then personally I would be willing to accept this. Certainly, from a common sense point of view, the intention was to protect the deposit.

Since you have proof of what you paid I cannot see that there is a problem.

Sonnenamy

[FONT=&quot]The letting agent sent me a certificate covering £1400 without explanation. I spoke to MyDeposit who confirmed they updated it today. On pressuring the letting agent for an explanation they confirmed the deposit is £1400 and only £1200 was protected due to a “administrative error”. [/FONT]

[FONT=&quot]I am not convinced by the admin error explanation. The letting agent has tried to pull the wool over my eyes on a number of issues, including asserting they sent a S21 when they didn’t and claiming there is no such thing as a rolling tenancy (this one was used to try to get a renewal fee). I only noticed the deposit amount was incorrect when I tried to raise a dispute as the claims for deposit deductions were absurd. I am rather minded to put in a claim. [/FONT]

Pixie5740

The LA might not be trying to pull the wool over your eyes, it could be the LA is genuinely ignorant.

If you take the LL to court for not protecting the full deposit your case could set the legal precedent and get quoted on the forum. :dance:

theartfullodger

OK, but clearly "the deposit" was not protected (according to regulations) within 30 days.

LBA to landlord, copy agent,keep copy: Might result in S21 in which case wait on LBAs and court action until you have left...

Cheers!

quidsy

What have they disputed on the deposit for over a year?

I would personal send letter asking for return of full deposit by xyz date otherwise you will be escalating the non protection of part of the deposit & looking for 3x return. Might work.