ANDREWS LETTING AGENT: Does this count as a tenancy deposit protection scheme?

benjus

D1m3b4g wrote: »

Hi, just a quick one.
I am the person that this was posted for.

I have read the information on here and it seems to conflict very clearly with the information provided by citizens advice.

The advice from the CAB was clear - As the deposit was paid directly to Andrews as the agent acting on behalf of the Landlord and the contact directly lists Andrews as stakeholder, Andrews are both accountable for the protection of the sum of deposit and liable for providing information toward the protection status of the deposit within the 30 day period.

The general opinion above is that this is not in fact correct and the sole responsibility lies with the Landlord.

Could someone please, clearly, confirm who is liable for providing the deposit information to us as Tenants and just to confirm very clearly, the deposit IS NOT CURRENTLY PROTECTED UNDER ANY SCHEME.

The thing that jumps out to me is 2.4.2 states "If" the Landlord wishes to hold the deposit they are liable for providing information to us regarding the protection. It wasn't confirmed to me until today that this was the case.

We are still unable to get hold of our Landlord via text message, phone call, or recorded letter that has been returned to sender.

If the Landlord really is 100% liable (which I find perverse given the stakeholder passage in the contract + the fact we paid the letting agency) I suppose my next move has to be the small claims court.

Thanks
P

Have a read of this: http://www.landlordlawblog.co.uk/2012/10/25/can-landlords-pass-the-blame-on-to-their-letting-agent-when-things-go-wrong/

Especially:

I said that the agent is not liable for anything – that is not strictly true as there are some exceptions.

The most important being where the agent has failed to protect the deposit – the law was specifically changed in this respect in the Housing Act 2004 to allow tenants to sue the agent as well as the landlord for the penalty for non compliance.

You can read the relevant part of the Housing Act 2004 here: http://www.legislation.gov.uk/ukpga/2004/34/part/6/chapter/4 (note that some parts have been modified by the Localism Act 2011)

In particular, note the following paragraph:

9. In this Chapter—
a) references to a landlord or landlords in relation to any shorthold tenancy or tenancies include references to a person or persons acting on his or their behalf in relation to the tenancy or tenancies

So while it's true that in general the agent has no liability to the tenant, in the context of Chapter 4 of the Housing Act 2004 (i.e. matters related to tenancy deposits), agents do have liability to the tenant.

camptownraces

D1m3b4g

How long ago did you pay the deposit to the landlord's agent?

You said you paid the deposit money to the agent, but it may very well have been transferred from the agent to the landlord.

Why do you think you have to go to the small claims court - is it because you have now left the property to which the agreement relates, and want to recover your deposit from someone?

We need more information to advise you.

Such as: are you in England or Wales?, date of start of tenancy, term of tenancy (6 months , 12 months?), date of payment of deposit, were you one of several people in a sole tenancy agreement, or was it just yourself, date and circumstances of departure, etc.... Plus were you provided with the prescribed information about how the deposit was protected (and various other bits of information much of which may have been included in the tenancy agreement).

Please let us know.

G_M

D1m3b4g wrote: »

.....
We are still unable to get hold of our Landlord via text message, phone call, or recorded letter that has been returned to sender.

If the Landlord really is 100% liable (which I find perverse given the stakeholder passage in the contract + the fact we paid the letting agency) I suppose my next move has to be the small claims court.

Thanks
P

The landlord owns the property. The landlord gets the rent (less any fee he pays an agent he employs). Your contract is with the landlord.

What address have you been given (in writing) for "serving notices on the landlord (Landlord and Tenant Act 1987 section 48)?
THAT is how/where you contact the landlord, and if you sue him, that is the address to use.

Do not use recorded delivery (it might be returned to sender). Post it in duplicate, first class, from 2 different post offices, and request (free) "proof of posting".

The courts then assume it is served on your LL 2 postal days later.

If you sue, sue the landlord and agent jointly.