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Deposit not protected

bruirn
bruirn Posts: 107 Forumite
in House buying, renting & selling
Have recently moved out of a flat after living there for five years. The landlady said she was keeping the full £495 bond because of damage to the carpet and microwave, both of which I have issue with. I rang MyDeposits and they said the certificate with them ended in November 2015 (At this time the letting agent changed but I continued to live at the property). Isn't this illegal?

What should my next move be?
«1

Comments

  • Guest101
    Guest101 Posts: 15,764 Forumite
    Yes.


    I would suggest a quick call to the LL to say: Return my deposit and we'll forget about you failing to protect it.


    Follow up with a more official letter if that doesn't work.
  • FBaby
    FBaby Posts: 18,374 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    I thought I had read somewhere that deposits were protected as long as the tenant remained in the same property, even if the certificate expired (or was returned obviously)?
  • boliston
    boliston Posts: 3,012 Forumite
    Part of the Furniture 1,000 Posts Photogenic Combo Breaker
    I think that if a LL fails to protect a deposit then they have to return the deposit TWICE - the LL would be laughing if you just asked for it back ;)
  • FBaby
    FBaby Posts: 18,374 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    But if a certificate was issues, it was protected. What doesn't make sense to me is why, if indeed a deposit is automatically protected throughout the tenancy, the certificate would have an expiry date.

    I'm just wondering whether it means that the new agent protected it elsewhere, but I didn't think that would have been possible without OP's agreement?
  • bruirn
    bruirn Posts: 107 Forumite
    I have spoken to the new letting agent and they said the bond money remained with the old letting company (which I find strange). Sounds to me that like they've mucked up the administration and rather than transferring the certificate they've ended it, leaving the deposit unprotected for the past five months or so.

    I'm guessing incompetence is no defence.
  • Guest101
    Guest101 Posts: 15,764 Forumite
    boliston wrote: »
    I think that if a LL fails to protect a deposit then they have to return the deposit TWICE - the LL would be laughing if you just asked for it back ;)

    Yes and the OP needs to find £1,000 for court action...
  • Guest101
    Guest101 Posts: 15,764 Forumite
    bruirn wrote: »
    I have spoken to the new letting agent and they said the bond money remained with the old letting company (which I find strange). Sounds to me that like they've mucked up the administration and rather than transferring the certificate they've ended it, leaving the deposit unprotected for the past five months or so.

    I'm guessing incompetence is no defence.



    Sorry, I thought I was clear, speak to your LANDLORD, not the agent. The agent will just cover their own backside.
  • bruirn
    bruirn Posts: 107 Forumite
    Guest101 wrote: »
    Sorry, I thought I was clear, speak to your LANDLORD, not the agent. The agent will just cover their own backside.

    Sorry. I have no contact details for my landlord, have only ever dealt with the agents.
  • Guest101
    Guest101 Posts: 15,764 Forumite
    bruirn wrote: »
    Sorry. I have no contact details for my landlord, have only ever dealt with the agents.

    Time to find those details then.


    Ask the letting agent to provide you them, they must do so with-in 28 days.
  • bruirn
    bruirn Posts: 107 Forumite
    Guest101 wrote: »
    Time to find those details then.


    Ask the letting agent to provide you them, they must do so with-in 28 days.

    Thank you. Will do that. It already seems like the two agents are blaming each other so I wasn't going to make any progress there..
This discussion has been closed.
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