Letting Agent Misplaced Deposit and Didn't use DPS

MoneyMiser

HI all,

Will try to keep this brief.

So in 2011 I moved into a rented property and paid the first months rent and deposit to the letting agency.

Move forward four years and the letting agency said I didn't pay them the deposit, LL said he hadn't received it either and showed statements to prove.

Finally managed to get hold of my bank statements which shows that I paid the letting agency both the deposit and first months rent.

So I now need to get back on to the agency to get my deposit back, 6 weeks after moving out.

Its obvious they misplaced the deposit and did not enter it into a protection scheme. So my question is, are they liable for up to 3 times the deposit amount and should I bring this up with them or the DPS?

Thanks,

MM

nidO

Send a Letter Before Action to the Landlord demanding full and immediate return of your deposit or face court action, give him say 10-14 days to do this.
If he doesn't return it, use MCOL to issue small claims court proceedings for the return of your deposit.

The fact that it appears to be the letting agent that's lost the deposit rather than the landlord is basically the landlord's problem, and something for him to sort out between himself and his agent - If he was expecting a deposit and it didn't arrive he should have queried it with you/the agent at the time to straighten it out, and the agent is the landlord's agent so as far as you're concerned once you've paid it to the agent you've paid it to him.

If it goes to court, your evidence that you paid the deposit is both your bank statement, coupled with the fact that neither the LL or agent asked you at any point in 4 years why you hadn't paid the deposit yet or demanded you do so.

MoneyMiser

Thanks,

That sounds really harsh on the LL though because it was the LA's fault. I asked them to check their statements and they told me I never paid them, but I now have the proof.

Don't really want to give the LL any grief really as he was good to us and is an older gentleman. Granted he should've chased the agency as they weren't managing the property.

MM

G_M

Legally you can go to court and claim the penalty for non protection.

Your bank statement is good evidence of payment - was it a cheque? bank Transfer? Cash withdrawal? in other words can you prove the money went to the agent (not the bookies)?

Does your tenancy agreement also mention a deposit? Further evidence.

As above, it sounds like the agent messed up. You might be happy just to get the deposit back, so a bit of a warning re non protection might result in full return.

If you did sue the LL, he could probobly claim it back from his agents, asuming his contract with them made clear they were responsible for collecting/protecting the deposit - but it's a hassle for you to sue, and hasle for him to re-claim.

Up to you.

* Deposits: payment, protection and return

MoneyMiser

Thanks for the advice guys.

Yes I paid both the first months rent and deposit in two separate bank transfers so it names the LA on both transactions.

Also it is on the tenancy agreement that the deposit was £x amount.

I might mention all of this and see if I can get the LA to make a settlement payment rather than going to court, as I have lost out on interest

Pixie5740

What exactly do you want to achieve here? Getting your full deposit back? That's easy, as already said, send a letter before action you your landlord requesting your full deposit back. Your contract was with the landlord not the letting agency. It's up to the landlord to sort things out with the letting agency since he is the one with a contract with them.

If you want to claim compensation then take your landlord to court. He in turn can then sue the letting agency.

As for compensation (without going to court) for lost interest, dream on. God loves a trier.

Have you searched all 3 deposit schemes and not just DPS?

MoneyMiser

Ha ha he certainly does love a trier

Yes searched all 3 deposit schemes. Will contact agency now and try and get full amount back.

Guest101

MoneyMiser wrote: »

Ha ha he certainly does love a trier

Yes searched all 3 deposit schemes. Will contact agency now and try and get full amount back.

Despite being told numerous times its the LL you need to speak to?


I don't understand people sometimes.

Miss_Samantha

Hi MoneyMiser,

Indeed, not only your landlord but also his agent are liable for the penalty.

If you decided to sue it would certainly be in your interest to sue the agent, or to add him as co-defendant, as that'd likely increase the penalty (since a professional agent has no excuse whatsoever).

Bluebirdman_of_Alcathays

Miss_Samantha wrote: »

Hi MoneyMiser,

Indeed, not only your landlord but also his agent are liable for the penalty.

If you decided to sue it would certainly be in your interest to sue the agent, or to add it as co-defendant, as that'd likely increase the penalty (a professional agent has no excuse whatsoever).

Oh dear.....

thesaint

MoneyMiser wrote: »

I might mention all of this and see if I can get the LA to make a settlement payment rather than going to court, as I have lost out on interest

You NEED to mention all of your proof, as the court will want proof that you have tried everything to resolve.

Rushing in with "Letter Before Actions" is not wise advice.

You haven't lost out on any interest.