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House Deposit Protection Question

mrstemperton
mrstemperton Posts: 36 Forumite
in House buying, renting & selling
When I began renting my house 4 years ago, we gave a £650 deposit which was put in the Deposit Protection Scheme. About 12 months into my tenancy I asked if I could have a dog and they agreed if I paid another £250 deposit, which I did.

I moved out of the house a few weeks ago but I found out today that they didn't put the £250 in a deposit scheme as it is a "pet bond" but I was under the impression they had to put it into a scheme by law?

I have also just found out that they applied for voluntary liquidaiton in September 2017. Do you think I will get my "pet bond" back?
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Comments

  • Comms69
    Comms69 Posts: 14,229 Forumite
    10,000 Posts Third Anniversary Name Dropper
    mrstemperton wrote: »
    When I began renting my house 4 years ago, we gave a £650 deposit which was put in the Deposit Protection Scheme. About 12 months into my tenancy I asked if I could have a dog and they agreed if I paid another £250 deposit, which I did.

    I moved out of the house a few weeks ago but I found out today that they didn't put the £250 in a deposit scheme as it is a "pet bond" but I was under the impression they had to put it into a scheme by law?

    I have also just found out that they applied for voluntary liquidaiton in September 2017. Do you think I will get my "pet bond" back?



    Who did you rent from. A private landlord cannot apply for liquidation.
  • mrstemperton
    mrstemperton Posts: 36 Forumite
    My landlord goes through an estate agents so I paid my deposits and had my contract with them.
  • Comms69
    Comms69 Posts: 14,229 Forumite
    10,000 Posts Third Anniversary Name Dropper
    mrstemperton wrote: »
    My landlord goes through an estate agents so I paid my deposits and had my contract with them.



    Sorry, i'll try again.


    The agency is irrelevant, unless they are named as your landlord.


    On your tenancy, who's details appear under the landlords?
  • mrstemperton
    mrstemperton Posts: 36 Forumite
    Good question!!

    I don't think it's the agency from memory... but will check tonight. So you're saying that the individual is liable and not them? Is it not the law that deposit be put in a protection scheme?
  • Comms69
    Comms69 Posts: 14,229 Forumite
    10,000 Posts Third Anniversary Name Dropper
    mrstemperton wrote: »
    Good question!!

    I don't think it's the agency from memory... but will check tonight. So you're saying that the individual is liable and not them? Is it not the law that deposit be put in a protection scheme?



    That's pretty much exactly what I'm saying, but to clarify.


    If the landlord is named as such on your tenancy, then your contract is with him/her, and nothing to do with the agency. The LL is liable for all aspects on the tenancy.


    And yes, the deposit should be protected.
  • FBaby
    FBaby Posts: 18,374 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    Haven't come across a 'pet bond' before and whether it does fall under the rules of 'deposit protection' or not if called that, especially if the pet was acquired during the tenancy rather than before. My gut feeling is that it will fall under the rules, but waiting for the experts to point out where it say so.
  • Comms69
    Comms69 Posts: 14,229 Forumite
    10,000 Posts Third Anniversary Name Dropper
    FBaby wrote: »
    Haven't come across a 'pet bond' before and whether it does fall under the rules of 'deposit protection' or not if called that, especially if the pet was acquired during the tenancy rather than before. My gut feeling is that it will fall under the rules, but waiting for the experts to point out where it say so.



    It's a deposit to protect against damage. Calling it a pet bond would have no bearing.
  • mrstemperton
    mrstemperton Posts: 36 Forumite
    They keep trying to tell me it doesn't count as a deposit and didn't have to be protected but that doesn't seem to be the case from what you have said and what I can find on t'internet. Getting annoyed with them now. Do you have any advice on how long I should wait for my deposit before I escalate this please?
  • Comms69
    Comms69 Posts: 14,229 Forumite
    10,000 Posts Third Anniversary Name Dropper
    mrstemperton wrote: »
    They keep trying to tell me it doesn't count as a deposit and didn't have to be protected but that doesn't seem to be the case from what you have said and what I can find on t'internet. Getting annoyed with them now. Do you have any advice on how long I should wait for my deposit before I escalate this please?



    Ofcourse they're saying that, they don't want the LL to be sued for upto 3x the value, and in turn be sued themselves by the LL.


    I always recommend claiming the deposit on day 1.


    If you want to pursue the penalty payment, send a letter before action to the landlord.
  • fearLess
    fearLess Posts: 32 Forumite
    Sorry to jump on this thread, but what happens if on your tenancy agreement it says:

    "Landlords Name C/O Estate Agents name including address" on your tenancy agreement, does responsibility fall on the LL, or EA, or both?
This discussion has been closed.
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