Agent protecting deposit late

dc14rc

Hi all,

I am due to leave my rental property on Monday after 3 years of no problems. I have had a good landlord, rent always paid, never really bothered each other etc. I dealt directly with him and not the agent (who found him the tenants/us)

However he has encountered some personal problems recently which has meant he has no time to deal with the check out process and inspection. So the agent is now involved with that.

Since the property went back up for rent I have had nothing but hassle from the agents. To name a few examples; turning up with prospective tenants without prior agreement multiple times, prospective tenants turning up with NO agent at 8pm at night after the "agent said it would be ok", asking me for my own personal key to "make life easier" for them, demanding I email them a list of any repairs before check out due to a change in a very [mysterious] legislation and chasing me for this daily, trying the convince me to move out earlier and just generally being pests. Also, they once left me a voicemail and forgot to hang up at the end of the call, and I heard about 20 seconds of myself getting royally slagged off. Made me chuckle. :rotfl:

Anyway, to cut to the chase... I can just feel it in my bones that they are going to be awkward about my deposit. I can just tell. The only damage in the property is a crack in our bath panel. Everything else is great. Therefore, I would like to be armed with a convincing response/reaction if they do try to deduct anything further.

I logged on to the DPS website and noticed that my deposit was not protected until the 15th May when my tenancy began on the 25th February. This doesn't sit right with me, am I correct in thinking they should protect it within 30 days? If so, how can I proceed?

Please note I am completely willing to walk away with only happy memories of this house AS LONG as they only (fairly) deduct the cost of the broken bath panel. If they try anything else, I would like to proceed with complaining about the late protection, as I feel they have treated me very unprofessionally.

Many thanks in advance

Carrie

anselld

Is that 15th May 2012? (that the deposit was protected)
Was the Prescribed Information issued and if so when?

dc14rc

Apologies, yes tenancy start date was 25th Jan 2012, deposit protected 15th May 2012.

Is the Prescribed Information the confirmation of protection (email)? If so, I received this on the 20th May.

Pixie5740

What you do depends on what you really want to achieve. Ultimately your landlord is responsible for protecting your deposit on time and issuing the prescribed information so if you sue/threaten to sue anyone, it would be your landlord. Your landlord would then have to take it up with the letting agent.

Was an inventory taken at the start of your tenancy? Did you sign it?

anselld

In that case, prior to 6-4-2012 ( 2011 Localism Act) the deposit had to be protected within 15 days, however so long as it was protected prior to T taking legal action there could be no penalty.

Following enactment of the localism bill 6th Apr 2012 the protection was extended to 30 days and became absolute. There was a grace period of 30 days for Ls to comply.

Your L is therefore in breach of the 2011 localism provisions for late protection and is hence potentially liable to be sued for 1-3x deposit penalty.

Furthermore, the PIs are detailed here ...
http://www.legislation.gov.uk/uksi/2007/797/pdfs/uksi_20070797_en.pdf

The email from the protection scheme on its own does not satisfy the requirements of issuing the PIs. So the L may also be sued on this point.

You can obviously choose to use these as threats against the Agent if you wish, however it is legally the Landlord who has committed the offence and who must be sued.

dc14rc

I have not signed nor seen an inventory. I assumed this was because it was an unfurnished property. I would not be suprised if the agents created one out of thin air however.

Is this a disadvantage for me that I have not seen one?

anselld

dc14rc wrote: »

I have not signed nor seen an inventory. I assumed this was because it was an unfurnished property. I would not be suprised if the agents created one out of thin air however.

Is this a disadvantage for me that I have not seen one?

Your advantage.

Unfurnished should still have an inventory describing the state of the fabric, decor, fixtures, fittings, etc.

dc14rc

Thank you anselld, that is fantastic information.