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Who's right here? Me or Letting Agent?
Mahsroh
Posts: 776 Forumite
Conversation went briefly as follows over the phone:
Me "Is everything set for Wednesday?"
LA "yes, the tenants have signed the tenancy agreement and paid their first months rent and deposit and are ready to move on Wednesday"
Me: "Great, when did you receive the deposit?"
LA "they paid it when they came in on Saturday"
Me: "Good stuff, so we need to make sure it's protected 30days from Saturday at the latest"
LA "No, it's 30 days from the start of tenancy"
Me: "Are you sure? That's not how I understand it!"
Conversation goes on, they're adamant they're right, I'm adamant I'm right........
Who is right? I'm hoping my letting agents will get it sorted within the next week anyway so it will be a moot point, but would like to know just in case they do start to drag their heels!
Me "Is everything set for Wednesday?"
LA "yes, the tenants have signed the tenancy agreement and paid their first months rent and deposit and are ready to move on Wednesday"
Me: "Great, when did you receive the deposit?"
LA "they paid it when they came in on Saturday"
Me: "Good stuff, so we need to make sure it's protected 30days from Saturday at the latest"
LA "No, it's 30 days from the start of tenancy"
Me: "Are you sure? That's not how I understand it!"
Conversation goes on, they're adamant they're right, I'm adamant I'm right........
Who is right? I'm hoping my letting agents will get it sorted within the next week anyway so it will be a moot point, but would like to know just in case they do start to drag their heels!
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Comments
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99% sure it's from the date you receive it.
https://www.gov.uk/tenancy-deposit-protection/information-landlords-must-give-tenants
Once your landlord has received your deposit, they have 30 days to tell you:- the address of the rented property
- how much deposit you’ve paid
- how the deposit is protected
- the name and contact details of the tenancy deposit protection (TDP) scheme and its dispute resolution service
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From
https://www.tenancydepositscheme.com/landlords-documents-and-forms.html
What if the landlord or agent does not comply?
A landlord or agent should protect the deposit in an authorised scheme and provide the
tenant (and any sponsor) with the prescribed information within 30 days of receiving the
deposit. If they don’t do so, then the tenant (or the person who paid the deposit) can take
the landlord or agent to court. The court can order the landlord or agent to protect the
deposit or repay it to the tenant. The court can also order the landlord or agent to pay the
tenant compensation of between one and three times the deposit’s value.
it's super easy to google this stuff.0 -
CommitedToChange wrote: »99% sure it's from the date you receive it.
https://www.gov.uk/tenancy-deposit-protection/information-landlords-must-give-tenants
Once your landlord has received your deposit, they have 30 days to tell you:- the address of the rented property
- how much deposit you’ve paid
- how the deposit is protected
- the name and contact details of the tenancy deposit protection (TDP) scheme and its dispute resolution service
I agree. It looks pretty obvious to me...... But the Letting Agent was ADAMANT! Nothing I could say was changing their mind....0 -
Without reading it, probably you. The letting agent's job is to ensure they extract as much non-rental money from the tenant as possible....0
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CommitedToChange wrote: »
it's super easy to google this stuff.
Thanks for this. I did, oddly enough. In fact I have several times in the past, and my interpretation is the same as yours. The letting agent isn't budging or changing their mind though. If it's not sorted after 21 days i'll just do it myself to be on the safe side!0 -
Thanks for this. I did, oddly enough. In fact I have several times in the past, and my interpretation is the same as yours. The letting agent isn't budging or changing their mind though. If it's not sorted after 21 days i'll just do it myself to be on the safe side!
I would - after all it will be you getting sued!
Your letting agents sound like idots btw - I'd email them the above links and posts and see what they say then.Thanks for this. I did, oddly enough. In fact I have several times in the past, and my interpretation is the same as yours. The letting agent isn't budging or changing their mind though. If it's not sorted after 21 days i'll just do it myself to be on the safe side!
There is no interpretation, it actually literally states 30 days after you get the deposit and nothing about tenancy start date.0 -
Sack the agent.....0
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The legislation governing deposit schemes is the Housing Act 2004.
See section 213 here: https://www.legislation.gov.uk/ukpga/2004/34/section/213
As you will see, the legislation is very clear that the 30 days starts on the day the landlord receives the deposit. Not 30 days from the start of the tenancy.0 -
Can I play devils advocate here and say just because the agent received the deposit on that day doesn't mean its cleared funds,so can't be applied on.
In the scenario of money received in the form of a cheque on Saturday surely those funds need to clear or else you/LA could end up with a promise to pay in the form of a cheque which could be continually presented for a period of longer than 30 days,during which time presumably the tenancy does not start either.
But in answer to the query as I think everyone established last week it is the LL ultimate responsibility to protect the deposit within 30 days,personally I would do that when the money became available to me as LL or as cleared funds to the LA and then hopefully everyone is sorted!in S 38 T 2 F 50
out S 36 T 9 F 24 FF 4
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CommitedToChange wrote: »I would - after all it will be you getting sued!
Your letting agents sound like idots btw - I'd email them the above links and posts and see what they say then.
Done. Lets see what they say.0
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