Deposit Protection Scheme are refusing to follow landlord's instructions

CDeacon

I left my rented property a month ago.


My managing agent (on behalf of my landlord, let's use "landlord" for simplicity here) has agreed I am entitled to my full deposit back and has contacted the Deposit Protection Scheme ("DPS") to release it. The DPS are refusing to believe that he is the named person on the account, and are refusing to give any details of my account to him. In addition, they are refusing to give any details to me. They keep saying that my landlord isn't the right person listed on the account.


I've asked them to email the named person on the account, which they've done, and my landlord has repeatedly responded from that email address confirming they would like the DPS to release my deposit.


The DPS are still refusing the acknowledge that my landlord has anything to do with it and are refusing to talk to either of us about the account i.e. withholding my money. They have blocked him from logging into his accounts (of which he has many, being the senior partner of a management agent letting hundreds of properties in the same complex).


My landlord has proved his identity via various means (headed letters etc) and they are still refusing to release my deposit.


As they will not discuss the issue with my landlord or I (due to data protection!), we are somewhat at a loss as to what to do.


Has anybody had this experience? Where do we go from here? I can't tell if they're regulated or not, but the 'service' is an absolute disgrace.

theartfullodger

There is an agent: Their is a landlord: Two different entities. The agent works for landlord: Does not work for you.


Who's name is the DPS account in, please? Agent or landlord. Your certificate/PI should tell you.

need_an_answer

Is this a case where the LL has been named as the LL but the email used during the registration of the deposit is the commercial letting agents mail address or visa versa.

Perscribed information could hold some clues.

FBaby

It could very well be that the agent protected the deposit, but further on, your landlord (not the agent) decided that the deposit protection should be moved to themselves. They would have had to request the agent for their register number and then they could have done it themselves.

That's what I did myself as I didn't trust the agent to make the correct decision as to the amount that should be released but it was easier for them to register the deposit in the first place (although I've checked they had that done within 30 days).

You need to contact your landlord directly, not the agent if that is the case.

anselld

It is perfectly easy for your Landlord to log into his DPS account and see if he does or does not have visibility of your deposit.

If he does then he can initiate return online. There is no opportunity for DPS to "refuse".

If he does not have visibility then he has somehow managed to lose it within DPS or elsewhere. It is his responsibility to locate it and if he fails to do so within a reasonable time then you should start Court action for return and probably for non-protection penalty.

Personally I think the whole DPS refusal thing is a smoke screen by the L to delay or prevent return.

stator

anselld wrote: »

It is perfectly easy for your Landlord to log into his DPS account and see if he does or does not have visibility of your deposit.

If he does then he can initiate return online. There is no opportunity for DPS to "refuse".

If he does not have visibility then he has somehow managed to lose it within DPS or elsewhere. It is his responsibility to locate it and if he fails to do so within a reasonable time then you should start Court action for return and probably for non-protection penalty.

Personally I think the whole DPS refusal thing is a smoke screen by the L to delay or prevent return.

They've blocked his account, so no, he can't login

anselld

stator wrote: »

They've blocked his account, so no, he can't login

Where does it say that? That would imply the DPS denying access to all the L's deposits on all their properties. Can't see why they would do that.

FBaby

They keep saying that my landlord isn't the right person listed on the account.

This is the only information of importance. The agency is NOT the landlord or agent of the landlord for the benefit of the deposit. Have you actually spoken to your Landlord directly?

m0bov

Send a LBA to your landlord giving him 7 days to return then do a money claim.