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My ‘Letting Agent didn’t protect my deposit’ story
MeticulousMark
Posts: 12 Forumite
Hi all,
Long-time lurker, first time poster. Recently bought my first home and very grateful to reading the boards on here for advice during that process and for making me think about what follows. My letting agent didn’t protect my deposit; they didn’t count on me knowing the law. Want to share my story as a thanks to the boards but also to let others know. Long story so grab a tea or coffee!
I was a rental tenant with a franchise of a national lettings agency and estate agent whom I shall not name. I am based in Scotland. This lettings agent were awful in various ways. Slow to undertake any repairs without months of phonecalls and eventually threats of being reported, never inspected the flat as they should have, didn’t pass information to the landlord about major works needed to the building etc. etc. Probably worst of all – they tried to dispute how much notice I had to give and claimed they had a contract I had signed (I know for a fact I didn’t) but their ‘scanner wasn’t working’ so couldn’t send it on. This is important background as frankly I may not have perused this had they been straight with me as a tenant. I am also convinced they were doing the landlord a disservice and I am sympathetic to them too.
I have had six rentals in my life, five of these from letting agents, all of which were dishonest in some way so having learnt this I keep records of everything now and communicate only in writing or by e-mail.
After leaving the flat after a three-year tenancy the lettings agent was giving me excuses about returning deposit, 10 days after the check-out inspection I got bored and decided to go straight to the deposit scheme. It was at this point I discovered I didn’t have any correspondence from a deposit scheme – this was odd as I am quite meticulous with keeping these things. I eventually found where the deposit was and requested it – it was returned in full.
During this process I discovered that they had not protected my deposit for a full two years, only depositing at a year ago, without telling me. I checked with all the deposit schemes so had proof they had never deposited it anywhere else. They had also given an in correct e-mail for me to the deposit scheme, either by error or design, so I never got any information regarding it. Having been lurking on these forums since I bought my first house I realised this was in breach of the law.
In Scotland, issues to do with the protection of deposits are dealt with by the First Tier Tribunal, which sits under the Sherriff courts. They publish all their cases online – turns out it is about a dozen a month (great reading!). Having looked at these and the legislation I realised the letting agent had broken the law by not a) depositing my money in a scheme within 30 days and b) sending me the information about it. I also saw that under the law a sherrif must fine, up to three times the amount of deposit. Unlike in England and Wales there is no minimum amount. I also saw that the fact I had suffered no loss was irrelevant – the fines are given as a public censure to ‘show the displeasure of the public’ that the law has been broken. It is free and simple to apply to the tribunal and there is no real need for you to get legal representation.
So, after looking at the shelter Scotland website I drafted a letter clearly explaining the law and attaching the clear evidence they had broken it. I stated that they had 14 days to prove me wrong or I was going to the tribunal. I send it registered delivery to their office.
A couple of days later I had a very professional e-mail saying that they could see that they had indeed not deposited the money, and that it may have been the result of their changing to a new computer system at the time. I was somewhat unconvinced to say the least. However, looking at the tribunal judgement I saw that often if the estate agent could show it was a genuine admin error the fine may only have been £75, so wasn’t sure if I should pursue further.
However, a couple of days before the 14 day deadline I sent a reminder that I was still intending to apply to the tribunal if I didn’t have evidence that they hadn’t broken the law.
On the day before the deadline, the estate agent sent me three times the deposit, and accepted full liability. This was around £2,000 :money: . I have to admit to being amazed at this, I can only assume that as a national estate agent they didn’t want the bother or publicity or perhaps they knew something I didn't.
So, I immediately donated £500 to Shelter Scotland, and am taking my girlfriend away on holiday – a well-deserved one as a close member of her family has been seriously ill recently and she’s had a rough few months. I also treated myself as my birthday was coming up!
Final thoughts: I am lucky that I have a professional job where I am used to dealing with legislation so had the confidence to do this. These boards also gave me confidence. I dread to think of the vulnerable people who are taken advantage of by lettings agents and landlords over their deposits – I was more than once myself as a daft student. I am very grateful that this legislation in place and that it is enforced to make sure that people take the responsibilities of being a landlord seriously.
I will say that when resolving this issue the lettings agent did behave professionally, and I give them that credit. However, had the lettings agent been square with me during my tenancy, I would not have been motivated to do this. There’s a lesson there…
Long read but hopefully satisfying!
Long-time lurker, first time poster. Recently bought my first home and very grateful to reading the boards on here for advice during that process and for making me think about what follows. My letting agent didn’t protect my deposit; they didn’t count on me knowing the law. Want to share my story as a thanks to the boards but also to let others know. Long story so grab a tea or coffee!
I was a rental tenant with a franchise of a national lettings agency and estate agent whom I shall not name. I am based in Scotland. This lettings agent were awful in various ways. Slow to undertake any repairs without months of phonecalls and eventually threats of being reported, never inspected the flat as they should have, didn’t pass information to the landlord about major works needed to the building etc. etc. Probably worst of all – they tried to dispute how much notice I had to give and claimed they had a contract I had signed (I know for a fact I didn’t) but their ‘scanner wasn’t working’ so couldn’t send it on. This is important background as frankly I may not have perused this had they been straight with me as a tenant. I am also convinced they were doing the landlord a disservice and I am sympathetic to them too.
I have had six rentals in my life, five of these from letting agents, all of which were dishonest in some way so having learnt this I keep records of everything now and communicate only in writing or by e-mail.
After leaving the flat after a three-year tenancy the lettings agent was giving me excuses about returning deposit, 10 days after the check-out inspection I got bored and decided to go straight to the deposit scheme. It was at this point I discovered I didn’t have any correspondence from a deposit scheme – this was odd as I am quite meticulous with keeping these things. I eventually found where the deposit was and requested it – it was returned in full.
During this process I discovered that they had not protected my deposit for a full two years, only depositing at a year ago, without telling me. I checked with all the deposit schemes so had proof they had never deposited it anywhere else. They had also given an in correct e-mail for me to the deposit scheme, either by error or design, so I never got any information regarding it. Having been lurking on these forums since I bought my first house I realised this was in breach of the law.
In Scotland, issues to do with the protection of deposits are dealt with by the First Tier Tribunal, which sits under the Sherriff courts. They publish all their cases online – turns out it is about a dozen a month (great reading!). Having looked at these and the legislation I realised the letting agent had broken the law by not a) depositing my money in a scheme within 30 days and b) sending me the information about it. I also saw that under the law a sherrif must fine, up to three times the amount of deposit. Unlike in England and Wales there is no minimum amount. I also saw that the fact I had suffered no loss was irrelevant – the fines are given as a public censure to ‘show the displeasure of the public’ that the law has been broken. It is free and simple to apply to the tribunal and there is no real need for you to get legal representation.
So, after looking at the shelter Scotland website I drafted a letter clearly explaining the law and attaching the clear evidence they had broken it. I stated that they had 14 days to prove me wrong or I was going to the tribunal. I send it registered delivery to their office.
A couple of days later I had a very professional e-mail saying that they could see that they had indeed not deposited the money, and that it may have been the result of their changing to a new computer system at the time. I was somewhat unconvinced to say the least. However, looking at the tribunal judgement I saw that often if the estate agent could show it was a genuine admin error the fine may only have been £75, so wasn’t sure if I should pursue further.
However, a couple of days before the 14 day deadline I sent a reminder that I was still intending to apply to the tribunal if I didn’t have evidence that they hadn’t broken the law.
On the day before the deadline, the estate agent sent me three times the deposit, and accepted full liability. This was around £2,000 :money: . I have to admit to being amazed at this, I can only assume that as a national estate agent they didn’t want the bother or publicity or perhaps they knew something I didn't.
So, I immediately donated £500 to Shelter Scotland, and am taking my girlfriend away on holiday – a well-deserved one as a close member of her family has been seriously ill recently and she’s had a rough few months. I also treated myself as my birthday was coming up!
Final thoughts: I am lucky that I have a professional job where I am used to dealing with legislation so had the confidence to do this. These boards also gave me confidence. I dread to think of the vulnerable people who are taken advantage of by lettings agents and landlords over their deposits – I was more than once myself as a daft student. I am very grateful that this legislation in place and that it is enforced to make sure that people take the responsibilities of being a landlord seriously.
I will say that when resolving this issue the lettings agent did behave professionally, and I give them that credit. However, had the lettings agent been square with me during my tenancy, I would not have been motivated to do this. There’s a lesson there…
Long read but hopefully satisfying!
0
Comments
-
OP, that's an amazing good news story. Thank you for sharing. Great system that you have up in Scotland, don't know if it would be as easy to do in England.MeticulousMark wrote: »Final thoughts: I am lucky that I have a professional job where I am used to dealing with legislation so had the confidence to do this. These boards also gave me confidence. I dread to think of the vulnerable people who are taken advantage of by lettings agents and landlords over their deposits – I was more than once myself as a daft student. I am very grateful that this legislation in place and that it is enforced to make sure that people take the responsibilities of being a landlord seriously.
Long read but hopefully satisfying!0 -
The law regarding deposits is clear in both Scotland and England/Wales.
The stickie on the forum here explains it for those in Eng/Wales, as do Shelter England and Shelter Scotland.
No sure why the surprise that the law can be enforced and/or landlords/letting agents can be reminded of their legal obligations.0 -
Getting money back from a letting agent, that's unheard of! Well done Mark, surely a holiday to cherish. Great that you donated to Shelter Scotland, I have heard good things about Shelter.0
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