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Letting Agent has repeatedly not protected my deposit

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Comments

  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
    10,000 Posts Eighth Anniversary Name Dropper Photogenic
    What are all these legal fees that Don Corlone thinks the letting agency will end up paying if this goes to court? There is the cost of submitting the claim but can be awarded against the losing side (I'm sure there's a better legal term than "losers") but what are these other fees Sally?
  • FBaby
    FBaby Posts: 18,374 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    I doubled checked with DPS 2 years ago whether the deposit would need re-protectind after the renewal of the ast and after going periodic. Thy said that the deposit remained legally protected and pointed me to their terms and conditions that indeed confirmed it.

    Not sure it is the same for the other 2 schemes but would expect it to be so. If the deposit is protected before you move out and prescribed information handed in, you'd be lucky to get more than x1 the deposit.
  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
    10,000 Posts Eighth Anniversary Name Dropper Photogenic
    FBaby wrote: »
    Not sure it is the same for the other 2 schemes but would expect it to be so. If the deposit is protected before you move out and prescribed information handed in, you'd be lucky to get more than x1 the deposit.

    I wouldn't be too sure about that.

    Ayannuga v Swindells (2012) - the landlord protected the deposit on time but failed to issue the prescribed information. The tenant was awarded 3 x the deposit plus the return of the deposit.

    I'm sure I read of a case where the deposit was protected late and the tenant was awarded 2 x the value of the deposit plus the return of the deposit but I can't remember what it was called.

    I think the OP has a good case if she drops this !!!!! nonsense and puts pen to paper by sending a letter before action to both the landlord and the letting agency.
  • FBaby
    FBaby Posts: 18,374 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    Firstly in that case it was agreed at appeal and it would seem that the LL ailed to provide the info all he way through. In the case of OP he did get it albeit not at the start of the ast but before he has a reason to claim for it, ironically because he told the agency of their failure!
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