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Advice needed for tenant re Deposit / Letting Agent
neilleeds1988
Posts: 3 Newbie
Hi,
I have been experiencing issues with the letting agents for the past three years and am now desperately in need of advice.
I'll start from the beginning...
In March 2013 I entered a joint tenancy. The other person involved already lived in the property and I was replacing his old housemate. We both paid fee's for a new tenancy agreement and "change of sharer", the letting agents informed me that the change of sharer fee included them changing the name on the deposit to mine. I then paid the old housemate the deposit amount (advised to do this by agent) safe in the knowledge that the deposit held was to be transferred to my name.
Fast forward to March 2015 and my housemate decides to move out. I find a replacement and the above process is repeated (at this point no tenancy agreement was produced / signed). In September 2015 this process was repeated again and I found another house mate. So far the agent has charged three separate people for the "change of sharer".
In September me and the new house mate went to the agency to sign the new tenancy agreement but before signing noticed that the held deposit amount was incorrect (£475 rather than £875). I refused to sign this and queried it and was informed they would look into it and get back to me.
Despite numerous attempts to chase this up we were never given a tenancy agreement and when the 6 months was up my housemate decided he had had enough and wanted to move out. I then decided that I also was fed up of the agent and gave my notice too.
The letting agent informed me that my name and the first person name that I lived with was on the deposit certificate and this was the most important thing, this was around three weeks before the tenancy ended. He also informed me that the process had begun (something called a single claim) for the deposit to be transferred to my name and the money returned to me.
I then spoke to the agent yesterday who "wasn't sure which scheme my deposit was held with as the information that is normally on the system wasn't there". She advised me I should call DPS and My Deposits and ask them. So I called My Deposits who found my name on the system but told me that no process had begun and they had no contact from the Agent.
Strange I thought, I then e-mailed the agent to ask them why this was, to which I received the following reply.
"Dear Neil
The deposit is with DPS not My Deposits, these are completely separate schemes, we have put the deposit into single claim which has been the only way and quickest way for us to get the funds back to get back to you.
The money is due back any day now, it takes 14 days from being processed by DPS for them to action the refund, it then takes a further few days to reach us. Please feel free to check out the DPS website which will confirm this. I will call them in the morning and see if they can give me a date as to when the funds will be with us.
I think from now on it is best you speak me about anything as it seems you have been getting snippets of information when people whom have been trying to help but the information has not been 100% factually correct and it has caused confusion.
I will call you in the morning once I have spoken to the DPS and we can go from there."
I have yet to receive this call and every time I attempt to call her, she has "just popped out".
I then took it upon myself to call DPS, they seem to have found the deposit but to data protection were unable to give me any information as my name wasn't on the deposit.
As you can see there are a few issues here...
1) If the change of sharer was never completed, but the agents have charge three people for this, what can be done?
2) Why do two separate companies have record of a deposit?
3) Is there anything I can do about the incompetence?
4) If the agent won't speak to me and the deposit isn't in my name, what can I do?
I am very frustrated and would appreciate any advice / suggestions.
Neil
I have been experiencing issues with the letting agents for the past three years and am now desperately in need of advice.
I'll start from the beginning...
In March 2013 I entered a joint tenancy. The other person involved already lived in the property and I was replacing his old housemate. We both paid fee's for a new tenancy agreement and "change of sharer", the letting agents informed me that the change of sharer fee included them changing the name on the deposit to mine. I then paid the old housemate the deposit amount (advised to do this by agent) safe in the knowledge that the deposit held was to be transferred to my name.
Fast forward to March 2015 and my housemate decides to move out. I find a replacement and the above process is repeated (at this point no tenancy agreement was produced / signed). In September 2015 this process was repeated again and I found another house mate. So far the agent has charged three separate people for the "change of sharer".
In September me and the new house mate went to the agency to sign the new tenancy agreement but before signing noticed that the held deposit amount was incorrect (£475 rather than £875). I refused to sign this and queried it and was informed they would look into it and get back to me.
Despite numerous attempts to chase this up we were never given a tenancy agreement and when the 6 months was up my housemate decided he had had enough and wanted to move out. I then decided that I also was fed up of the agent and gave my notice too.
The letting agent informed me that my name and the first person name that I lived with was on the deposit certificate and this was the most important thing, this was around three weeks before the tenancy ended. He also informed me that the process had begun (something called a single claim) for the deposit to be transferred to my name and the money returned to me.
I then spoke to the agent yesterday who "wasn't sure which scheme my deposit was held with as the information that is normally on the system wasn't there". She advised me I should call DPS and My Deposits and ask them. So I called My Deposits who found my name on the system but told me that no process had begun and they had no contact from the Agent.
Strange I thought, I then e-mailed the agent to ask them why this was, to which I received the following reply.
"Dear Neil
The deposit is with DPS not My Deposits, these are completely separate schemes, we have put the deposit into single claim which has been the only way and quickest way for us to get the funds back to get back to you.
The money is due back any day now, it takes 14 days from being processed by DPS for them to action the refund, it then takes a further few days to reach us. Please feel free to check out the DPS website which will confirm this. I will call them in the morning and see if they can give me a date as to when the funds will be with us.
I think from now on it is best you speak me about anything as it seems you have been getting snippets of information when people whom have been trying to help but the information has not been 100% factually correct and it has caused confusion.
I will call you in the morning once I have spoken to the DPS and we can go from there."
I have yet to receive this call and every time I attempt to call her, she has "just popped out".
I then took it upon myself to call DPS, they seem to have found the deposit but to data protection were unable to give me any information as my name wasn't on the deposit.
As you can see there are a few issues here...
1) If the change of sharer was never completed, but the agents have charge three people for this, what can be done?
2) Why do two separate companies have record of a deposit?
3) Is there anything I can do about the incompetence?
4) If the agent won't speak to me and the deposit isn't in my name, what can I do?
I am very frustrated and would appreciate any advice / suggestions.
Neil
0
Comments
-
It sounds as though every time a tenant left and a new one came along a deed of variation was done or a new tenancy agreement drawn up, neither of which have anything to do with the deposit.
What should have happened whenever a tenants left was their deposit returned to them and a new deposit registered with one of the schemes. Your deposit should never have been given to an outgoing tenant. This is just laziness or ignorance on the letting agent's part which has lead to an omnishambles.
If the deposit is released from the scheme it will probably go back to one of the original tenants which quite possibly leaves you trying to get your deposit back from whomever you gave it to.0 -
Every time a new tenant moved in, we paid and signed a "change of sharer" document, which according to the agent was a fee for changing deposit name.
If we have paid for this and this has not been done, surely this is breach of contract?0 -
neilleeds1988 wrote: »Every time a new tenant moved in, we paid and signed a "change of sharer" document, which according to the agent was a fee for changing deposit name.
If we have paid for this and this has not been done, surely this is breach of contract?
What, exactly, does your copy of this document have to say on the matter? Was it change of deposit name, or change of tenancy name?0 -
What exactly did this "change of sharer" document say? What did you receive after signing the document? A new tenancy agreement with the new tenant's names on it? New prescribed information for the deposit?
As it stands you never paid a deposit to the landlord, you gave yours to an outgoing tenant so it's important to understand exactly what it you have signed.0 -
I will have a look in my e-mails tonight as it was three years ago since I had mine personally.
My Deposits have a record of me and my original house mate, however the agent reckons it is with DPS.
Why would to separate schemes have record of the deposit? My Deposits were also able to give me a code and the letting agency basically said it isn't true.0 -
There are two types of deposit schemes, custodial and insurance. It's possible that the letting agency has registered the deposit with a custodial scheme (scheme physically has custody of the money) and an insurance-backed scheme where the landlord would have physical custody of the money except he doesn't in this case.
Given the mess the letting agency has made of these deposits I would take anything they have to say about them with a big pinch of salt.0
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