Help with the DPS Scheme

barr182

Evening all, looking for some help with the Depost Protection Scheme...

Moved into my first flat about 4 years ago. I moved in with a friends brother.He was down as the Lead Tenant as he lived there before I did.

We each payed £250 to our landlords who explained it must be put into the DPS, we will be sent depost details etc in the post. They explained how the deposit works with the DPS and that they cant touch it as such, and that they will have to 'ok' any refund of a depost..

He moved out about 18 months ago. My landlords explained to me they had 'ok'd' his part of the deposit, which i assume he received because i havnt heard from him since.

About 3 days ago i moved out myself, they told me how to get my part of the deposit back so I've since logged on with my name and deposit ID. Im searching the page but theres not an option to do anything and it clearly says "Deposit status: Closed"

My first thoughts are that did they accidentally give him the whole £500 back? And that he had kept quiet about it? Or am I just being paranoid... Ive tried calling the helpline but its out of hours so will give them a call in the morn

fishpond

Ring them on Tuesday.

Kynthia

These schemes can only usually have one tenant named, so if it's a joint tenancy one tenant is named as the Lead Tenant. When your flat mate moved out and you didn't a new tenancy was formed. The deposits should have been returned and then yours repaid and protected. Unfortunately it's possible it was returned to the Lead Tenant who then didn't give you your share, and then your landlord didn't require your new sole tenancy to have a deposit. If this is the case then you need evidence that you paid half and that your flat mate got it all, so then you can sue him for your share.

G_M

As Kynthia says. Seems the original joint tenancy ended 18 months ago. Presumable the depoit for that tenancy was returned to the 'lead tenant'. Neither DPS nor the landlord would separate out portion of the deposit. It is legaly a single deposit for the tenancy.

If this is what happened, then you are your joint tenant (friend's brother) should have sorted out between you who gets what from the returned deposit. I assume he ran off with it.

At that point a new tenancy started, in your sole name (unless someone else moved in?). Whether a new depsit was paid by you would have been down to you and the LL to agree at the time. From what you say it seems the LL was not bothered about a deposit from you for this tenant, so never asked for one.

If the above is correct, it is now a matter betwen you andyour friend's brother to sort out. The landlord owes you nothing.

audigex

I agree with G_M, apart from the assumption that your mate's brother ran off with it

He may have, but equally the LL may have kept it, either informally or having re-entered it with the DPS with a new deposit ID (which is why it wouldn't show up under the old ID, as that ended)