TDS - letter from tenant

fairy_lights

Lokolo wrote: »

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.



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

Lol what? The agent represents the landlord. What was the tenant supposed to do, refuse to hand the deposit over?
I doubt any such attempt to shift the blame to the tenant would go down well in court.

Pixie5740

Lokolo wrote: »

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.



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

:rotfl::rotfl::rotfl::rotfl::rotfl::rotfl::rotfl::rotfl::rotfl::rotfl::rotfl::rotfl::rotfl::rotfl::rotfl:

Comms69

Lokolo wrote: »

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.

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

Your, unqualified, opinion is noted. It's factually incorrect, but hey, everyone is entitled to have an opinion.

anselld

Lokolo wrote: »

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

As an excuse that ranks alongside "The dog ate my homework"!

However, if the deposit was originally paid to the Agent as a holding deposit until the start of tenancy (and if their paperwork clearly states those terms) then the 30 day clock does not start until the beginning of the tenancy.

The terms and timing are not clear from the OP.

Mahsroh

Thing is, my property is fully managed by my letting agent who will take the deposit from the tenants and place subsequently protect it. I'll be on there case from day 1 (new tenants moving in next week) to ensure that the letting agents provides evidence that they've received and subsequently protected the deposit within the necessary timeframes. In this instance, the LL (by his/her own admissions) was managing the property post move in and knew that they had to pay the deposit into the scheme.... this wasn't even received until day 30! In that scenario I would be screaming from the hilltops at my letting agent, even at say, day 20! But then to wait a further 12 days after receiving it on day 30 for no justifiable reason other than "I didn't get round to it".........


Whether the tenant is looking to "milk" it or not, the OP only has themselves to blame on this occasion and will just have to "take it on the chin" and try and "do a deal" with the tenant. I certainly wouldn't even attempt to fight it.


Sorry to be so blunt about it, but by your own admissions, it's been managed appallingly.

Lokolo

anselld wrote: »

As an excuse that ranks alongside "The dog ate my homework"!

However, if the deposit was originally paid to the Agent as a holding deposit until the start of tenancy (and if their paperwork clearly states those terms) then the 30 day clock does not start until the beginning of the tenancy.

The terms and timing are not clear from the OP.

Pixie5740 wrote: »

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.

Comms69 wrote: »

Your, unqualified, opinion is noted. It's factually incorrect, but hey, everyone is entitled to have an opinion.

Fair enough if you all feel that way. But a lot of the time you all say (and GM says it a lot!), don't contact the estate agents, contact the landlord. The estate agent isn't the landlord.

The law state specifically the deposit is to be deposited after the landlord has received it. Not after the representatives of the landlord / landlord.

I am not defending the landlord here in anyway, the deposit should have gone to him and put away after 30 days, but the fact is, the landlord did deposit it within 30 days after they received it. That is what the law states to do.

Pixie5740 wrote: »

Please explain to me how the tenant's case could be seen as vexatious when the law clearly states that the landlord, or an agent acting on his behalf, must protect the deposit within 30 days of receiving it which the OP failed to do?

Pixie you even said it here! The law doesn't say anything about representatives of the landlord. Only the landlord themselves.

Pixie5740

Lokolo wrote: »

Fair enough if you all feel that way. But a lot of the time you all say (and GM says it a lot!), don't contact the estate agents, contact the landlord. The estate agent isn't the landlord.

The law state specifically the deposit is to be deposited after the landlord has received it. Not after the representatives of the landlord / landlord.

I am not defending the landlord here in anyway, the deposit should have gone to him and put away after 30 days, but the fact is, the landlord did deposit it within 30 days after they received it. That is what the law states to do.



Pixie you even said it here! The law doesn't say anything about representatives of the landlord. Only the landlord themselves.

WT actual F?

Are you referring to the advice on other threads where we say that the tenant has no contract with the letting agent, the tenant's contract is with the landlord? Which is true but does not alter the fact that the letting agent is a representative of the landlord.

Lokolo

Pixie5740 wrote: »

WT actual F?

Are you referring to the advice on other threads where we say that the tenant has no contract with the letting agent, the tenant's contract is with the landlord? Which is true but does not alter the fact that the letting agent is a representative of the landlord.

Yep. In this case you are saying the estate agents would be represented in so far as being the actual landlord. Is that correct?

Pixie5740

Lokolo wrote: »

Yep. In this case you are saying the estate agents would be represented in so far as being the actual landlord. Is that correct?

The letting agent is the landlord's representative, the landlord has a contract with the letting agent which allows the letting agent to act in this capacity. However, that does not mean the tenant has a contract with the letting agent. In paying the deposit to the letting agent the tenants were in fact paying the deposit to the OP.

need_an_answer

Lokolo wrote: »

Fair enough if you all feel that way. But a lot of the time you all say (and GM says it a lot!), don't contact the estate agents, contact the landlord. The estate agent isn't the landlord.

The law state specifically the deposit is to be deposited after the landlord has received it. Not after the representatives of the landlord / landlord.

I am not defending the landlord here in anyway, the deposit should have gone to him and put away after 30 days, but the fact is, the landlord did deposit it within 30 days after they received it. That is what the law states to do.



Pixie you even said it here! The law doesn't say anything about representatives of the landlord. Only the landlord themselves.

I understand what you are saying but the example you give is slightly different to the situation with the deposit.
If tenants have problems then yep always contact the LL for possibly the quickest response,they own the property and ultimately it's their asset not that of the LA.

However when a LL chooses a LA they do then enter an agreement whereby the agent works on behalf of the LL so to some extent you would expect the agent to do things correctly.

I have always understood that the deposit needs to be protected by the agent or the LL within 30 days,between them they should sort it out.

I have a clear understanding with my agent that deposits are transferred to me once cleared funds in their account as I would prefer to register the deposit and know its done,some LL's are happy to let the agent act on their behalf and in doing so probably pay an additional management fee to the agent to protest the deposit (my agent I believe charges £40 to do it).

The agent can blame the LL,the LL can blame the agent but the bottom line is always with the LL.