TDS - letter from tenant

theartfullodger

silvercar wrote: »

It seems the jury is out on the start date.

The tenants would also need proof of when the deposit was paid and proof of when it was protected. Also be able to convince the judge that they weren't being vexatious

Nope:

It's a penalty -not compo - brought in (twice) by our own dear MPs to encourage Landlords to comply with the law. The law that's been in place for more than 10 years: The law that was relaxed to allow landlords more than the 14 days they said was too hard to manage...

And let's remember deposit protection was only brought in after years & years of landlords bullying tenants by refusing to return or making false compo claims & gambling, usually correctly, that tenants wouldn;t take them to court: Boot, other foot, now is...

aneary

I think the tenants might have been on here a week or so ago...

https://forums.moneysavingexpert.com/discussion/5768354

Comms69

aneary wrote: »

I think the tenants might have been on here a week or so ago...

https://forums.moneysavingexpert.com/discussion/5768354

I'll get the popcorn ready, sweet or salted?

parkrunner

OP did protect the deposit within 30 days of receiving it so could possibly get away with it? If I was the person deciding if OP was guilty of the offence I'd have to say no after reading the line below.

https://www.depositprotection.com/landlord-info

What are your legal obligations?

You’re required to protect your tenant’s deposit within 30 days of receiving it.

It should say something like "you or your representative" to make it clearer. Not a lawyer though, just looks wrong to me.

aneary

parkrunner wrote: »

OP did protect the deposit within 30 days of receiving it so could possibly get away with it? If I was the person deciding if OP was guilty of the offence I'd have to say no after reading the line below.

https://www.depositprotection.com/landlord-info

What are your legal obligations?

You’re required to protect your tenant’s deposit within 30 days of receiving it.

It should say something like "you or your representative" to make it clearer. Not a lawyer though, just looks wrong to me.

I think the law treats you and any agent/representative as the same legal unit/person.

Pixie5740

Comms69 wrote: »

I'll get the popcorn ready, sweet or salted?

I like half and half.

Comms69

parkrunner wrote: »

OP did protect the deposit within 30 days of receiving it so could possibly get away with it? If I was the person deciding if OP was guilty of the offence I'd have to say no after reading the line below.

https://www.depositprotection.com/landlord-info

What are your legal obligations?

You’re required to protect your tenant’s deposit within 30 days of receiving it.

It should say something like "you or your representative" to make it clearer. Not a lawyer though, just looks wrong to me.

So as long as the deposit is paid to a middle man first you think the law doesn't apply.......

Lokolo

parkrunner wrote: »

OP did protect the deposit within 30 days of receiving it so could possibly get away with it? If I was the person deciding if OP was guilty of the offence I'd have to say no after reading the line below.

https://www.depositprotection.com/landlord-info

What are your legal obligations?

You’re required to protect your tenant’s deposit within 30 days of receiving it.

It should say something like "you or your representative" to make it clearer. Not a lawyer though, just looks wrong to me.

I think you are right. It doesn't say "after the tenant sent it", just after the landlord received it. As the estate agents are not the landlord, their time scale is irrelevant.

Housing_Act_2004_-https://www.legislation.gov.uk/ukpga/2004/34/section/213 wrote:

Where a landlord receives a tenancy deposit in connection with a shorthold tenancy, the initial requirements of an authorised scheme must be complied with by the landlord in relation to the deposit within the period of [F1 30 ] days beginning with the date on which it is received.

IMO the tenant is at fault for not giving the landlord the deposit. Instead gave it to the estate agent.

Pixie5740

parkrunner wrote: »

OP did protect the deposit within 30 days of receiving it so could possibly get away with it? If I was the person deciding if OP was guilty of the offence I'd have to say no after reading the line below.

https://www.depositprotection.com/landlord-info

What are your legal obligations?

You’re required to protect your tenant’s deposit within 30 days of receiving it.

It should say something like "you or your representative" to make it clearer. Not a lawyer though, just looks wrong to me.

No he didn't. The letting agent is just that, the landlord's agent so by paying the money to the letting agent the tenant was in effect paying the money to the landlord.

need_an_answer

OP
When did the tenants pay the deposit to your agent?
It is a case of the agent sat on the deposit for 30 days before transferring it to you or was that when it was paid to them.

It probably wont influence the outcome but at least it may tell you whether your choice of agent was passing things to you in reasonable timescales to deal with.