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Letting Agent Misplaced Deposit and Didn't use DPS
Comments
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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 him as co-defendant, as that'd likely increase the penalty (since a professional agent has no excuse whatsoever).
Yes, I'm sure I've heard that somewhere before. I just can't think where. :think:0 -
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A letter before action is the proof.
Sending an LBA when the defendant hasn't even been given a chance to look at the evidence is bad form.
Certainly to me, it seems like a genuine mistake that has had no chance to be resolved before now.
Up to now we have had.
Tenant: I paid a deposit
Agent: No you never
Tenant: Yes I did
Agent: No you never.
The tenant is being told to send a LBA.
The tenant would turn up in court with the bank statement.
The agent would state this was not disclosed.
The tenant would be unlikely to get costs awarded to the other party.Well life is harsh, hug me don't reject me.0 -
Sending an LBA when the defendant hasn't even been given a chance to look at the evidence is bad form.
Certainly to me, it seems like a genuine mistake that has had no chance to be resolved before now.
Up to now we have had.
Tenant: I paid a deposit
Agent: No you never
Tenant: Yes I did
Agent: No you never.
The tenant is being told to send a LBA.
The tenant would turn up in court with the bank statement.
The agent would state this was not disclosed.
The tenant would be unlikely to get costs awarded to the other party.
But it would be disclosed in the court pack.
The agent could ask to see proof of payment, or check their own accounts...0 -
Certainly to me, it seems like a genuine mistake that has had no chance to be resolved before now.
Up to now we have had.
You missed the bit where the LL/LA had 4 years to query the apparent non-payment of the deposit their tenancy agreement demanded - The LL/LA have had a very long time to resolve this.The tenant is being told to send a LBA.
Obviously, this LBA would include a copy of the bank statement demonstrating that the money being demanded was paid.0 -
But it would be disclosed in the court pack.
Do you not understand that it is too late then? :huh:
Costs have already been occurred.Obviously, this LBA would include a copy of the bank statement demonstrating that the money being demanded was paid.
Shame no one suggested that.You missed the bit where the LL/LA had 4 years to query the apparent non-payment of the deposit their tenancy agreement demanded - The LL/LA have had a very long time to resolve this.
Sounds interesting, albeit irrelevant.Well life is harsh, hug me don't reject me.0 -
Why is it distressful? It's been, what... 7 years since deposit protection was introduced in England and Wales yet almost on a daily basis we see tenants without protected deposits. If nothing else it's a useful stick to beat letting agents and landlords with when they try to keep some or all of your deposit at the end of a tenancy.0
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No negative consequences? The tenancy ended 6 weeks ago and the OP still hasn't got his own money back because the letting agency are denying ever receiving it. I'm sure the landlord and/or letting agency wouldn't be best pleased if the rent was 6 weeks late.0
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Quizzical_Squirrel wrote: »Yeah, good point. I was probably more thinking about it in general terms.
I'm jaundiced in this matter because my poor brother is a landlord who is being threatened unfairly with the 3x deposit penalty. The tenants have no case but on top of everything else they've done, it's caused him extra stress.
Well did he protect the deposit with -in 30 days and provide prescribed information?
If not, then there's no excuse and I genuinely hope he pays up (like all LLs who fail to do so)0
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