Tenancy Deposit Protection Certificate

sframpton

Hi,

Hope you can advise please. We have had numerous issues with our rented house since moving in last May - there has been horrendous mould growing everywhere (which their employed handyman has confirmed was covered up with paint prior to us moving in - an even more hideous move considering I was 7 months pregnant when we moved in), the walls are literally dripping with water as there are structural issues with the house, and there are rats in the roof. All of this was reported to the estate agent, complete with photographs, at the beginning of November. We were told it was due to condensation (absolutely ridiculous given the state of the mould) and that we should wipe down the windows daily (which we did anyway).

In January their handyman came out to do the jobs required following the last tenant's vacation of the property (i.e. things that the estate agents had claimed some of the previous tenants deposit for). Whilst he was there he took some photos of the damp and mould etc. and showed them to the same person at the estate agents, who was apparently 'horrified' by the damp (although she couldn't care less when we sent exactly the same photos at the beginning of November...). Since then they have painted round our windows with kitchen and bathroom paint to try and stop the mould coming back, and they gave us an industrial dehumidifier for 2 weeks to help dry the house out. The dehumidifier has now been taken away when none of the pointing or anything that needs doing has actually been done, so I suspect the damp will just reappear.

I have asked the estate agent numerous times what they intend to do about the rats. I have also asked for a contribution towards the electricity costs for running the dehumidifier, and told them that I think it would be reasonable to let us out of the tenancy early or reduce our rent for the remainder given the condition of the property (it's a 2 bed and we are only able to use one room as the damp in the other room is so bad). I sent an email outlining all of this 2 weeks ago, chased up last week and was told it was with the landlord, no response as yet.

We moved in to the property in May 2018. In November/December time our estate agent merged with another estate agent and it was not until then (6 or 7 months into our tenancy) that we were sent the Deposit Protection Certificate. On the certificate it states that the deposit was registered with them on 2nd May 2018, but as I understand it a copy of the certificate has to be sent to the tenants within 30 days of recieving the deposit otherwise it invalidates the protection... can anyone confirm this is the case?

Just wanting to stick a broom up their backside really with regards to the other ongoing problems and wonder if I might be able to use this as leverage.

Thanks in advance.

Comms69

sframpton wrote: »

Hi,

Hope you can advise please. We have had numerous issues with our rented house since moving in last May - there has been horrendous mould growing everywhere (which their employed handyman has confirmed was covered up with paint prior to us moving in - an even more hideous move considering I was 7 months pregnant when we moved in) - what is the cause of the mould, 9/10 times it's lifestyle. , the walls are literally dripping with water as there are structural issues with the house, and there are rats in the roof. -in the roof? in anycase, report to council. All of this was reported to the estate agent, complete with photographs, at the beginning of November. - I doubt that was the correct method, unless the agent is your landlord. We were told it was due to condensation (absolutely ridiculous given the state of the mould) and that we should wipe down the windows daily (which we did anyway). - fair enough

In January their handyman came out to do the jobs required following the last tenant's vacation of the property (i.e. things that the estate agents had claimed some of the previous tenants deposit for). - no requirement to actually do the work, so not relevant. Whilst he was there he took some photos of the damp and mould etc. and showed them to the same person at the estate agents, who was apparently 'horrified' by the damp (although she couldn't care less when we sent exactly the same photos at the beginning of November...). - irrelevant Since then they have painted round our windows with kitchen and bathroom paint to try and stop the mould coming back, and they gave us an industrial dehumidifier for 2 weeks to help dry the house out. - sensible The dehumidifier has now been taken away when none of the pointing or anything that needs doing has actually been done, so I suspect the damp will just reappear. - possibly.

I have asked the estate agent numerous times what they intend to do about the rats. - why not ask the landlord? I have also asked for a contribution towards the electricity costs for running the dehumidifier, and told them that I think it would be reasonable to let us out of the tenancy early or reduce our rent for the remainder given the condition of the property - how long is the tenancy? (it's a 2 bed and we are only able to use one room as the damp in the other room is so bad). I sent an email outlining all of this 2 weeks ago, chased up last week and was told it was with the landlord, no response as yet.

We moved in to the property in May 2018. In November/December time our estate agent merged with another estate agent and it was not until then (6 or 7 months into our tenancy) that we were sent the Deposit Protection Certificate. - great. Sue your landlord On the certificate it states that the deposit was registered with them on 2nd May 2018, but as I understand it a copy of the certificate has to be sent to the tenants within 30 days of recieving the deposit otherwise it invalidates the protection... can anyone confirm this is the case? - correct

Just wanting to stick a broom up their backside really with regards to the other ongoing problems and wonder if I might be able to use this as leverage.

Thanks in advance.

Your issues are with the landlord, not the agent.


You need to report, in writing (pen and paper) to the landlord, then follow up with the council.

sframpton

Hi,

Thanks for the reply. Have been going through the estate agents rather than our landlord directly as they are the ones who mange the property. Is this not the correct route?

I don't particularly want to sue our landlord (if that's even possible when the deposit had been registered) - I just want them to take some action with regards to the issues we have and perhaps let us out of the tenancy early. Our tenancy is 12 months.

Thanks again.

sframpton

Oh and I think the cause of the mould is the water coming through the walls. We've never had any issues in previous properties and this is a fairly extreme case of mould.

Comms69

sframpton wrote: »

Hi,

Thanks for the reply. Have been going through the estate agents rather than our landlord directly as they are the ones who mange the property. Is this not the correct route? - You need to write to the address listed as where you would serve notice. Often this is Mr J Smith (your landlord) C/O Generic Letting Agent, A Street etc.

I don't particularly want to sue our landlord (if that's even possible when the deposit had been registered) - it is. - I just want them to take some action with regards to the issues we have and perhaps let us out of the tenancy early. Our tenancy is 12 months. - By all means you could write asking for an early surrender in exchange for not pursuing the claim

Thanks again.

sframpton wrote: »

Oh and I think the cause of the mould is the water coming through the walls. We've never had any issues in previous properties and this is a fairly extreme case of mould.

Yes it sounds like it certainly is a factor.

sframpton

Thank you. I wonder how it can be proved they didn't send me the information though, as we simply got the protection certificate through the post by itself - there's no date on it or anything, other than the date our tenancy started (17th May) and the date it was registered (2nd May).

Comms69

sframpton wrote: »

Thank you. I wonder how it can be proved they didn't send me the information though, as we simply got the protection certificate through the post by itself - there's no date on it or anything, other than the date our tenancy started (17th May) and the date it was registered (2nd May).

the court base it on a balance of probabilities. Usually a landlord would retain proof of postage or similar.

sframpton

Thank you - I have emailed the estate agents again today but will send a letter to our LL outlining the issues and suggesting that he considers terminating our tenancy early under the circumstances.

Wanderingpomm

The certificate usually comes from the deposit protection scheme and not the landlord. It sounds like there was a postal issue. I’m not sure you can blame the landlord, unless there was a post mark which proves it was sent late

G_M

Read:


* Repairing Obligations: the law, common misconceptions, reporting/enforcing, retaliatory eviction & the new tenant protection (2015)

* Deposits: payment, protection and return


Any and all official correspondance (formal notice, complaints etc) should be addressed to the named landlord, and sent to the postal address provided 'for serving notices'.