Deposit return

Socksey

I am a course leader to a UK (Wales) based course but our students come from France to do this.
My students who graduated in June have asked me for advice.


They had a fixed term Tenancy from July 2018 to July 2019. Their deposit was protected by My Deposits and I have the certificate number. It was Auto unprotected in August 2018.
They have received no communication from the letting agency and the letting agency is ignoring all emails. I sent them an email last week on behalf of the students (copying them all in and indicating that they had asked me to contact them on their behalf)...


Following is the text I sent on the 8th October.. :




Dear Sir or Madam,


I have been asked by my students, names of students (all copied here), to find out from you when they will receive their deposit back from the house at address.


Their Tenancy ended on the 13th of July and they have not heard from you. We note that the deposit was ‘auto-unprotected’ on the 8th August 2019.


Please notify us of when they will receive their deposit.


They have asked me to follow this up again...
Apparently an inventory was done (after a fashion)... but the house was dirty when they moved in (they have photos) and they cleaned it properly when they left... the deposit is £1800 so not insignificant.


Would anyone please have some advice as to what they should do now?
Thanks and sorry about the long post...

Socksey

Also they did not owe any money and paid up to the end of their tenancy.

Comms69

Is it currently protected? It's a 2 minute check on the mydeposits website

Socksey

It was Auto-unprotected on the 11th August... they received a message from My Deposits to that effect.
Letting agent are ignoring them and now me

Socksey

Not currently protected.... I did check ... and I checked the other schemes too...

Socksey

I have a protection certificate number... but it doesn't lead to anything... I have messaged My Deposits in the hope they can shed some light.

G_M

The students need to follow up - you cannot.

They need to send a 'Letter Before Action' demanding the return of the deposit within, say, 5 working days, after which they will take legal actio to
a) reclaim their deposit and
b) claim the penalty for failure to protect the deposit throughout the tenancy

They should first check all 3 schemes in case the protection was transferred. See link below.

The letter should be addressed to the named landlord, and sent to the address provided " for the serving of notices" on their tenancy agreement (which may or may not be c/o the agent). They should also send a copy to the agent (even if the same address).

They should send it 1st class from a post office and obtain 'proof of posting' (not 'signed for').


* Deposits: payment, protection and return

nyermen

Is there a chance that the "auto unprotection" is because someone put in to close the deposit, and that has now happened in absence of objections? Either by landlord or by lead tenant?

I would assume that someone now has a chunk of cash in an account that they shouldn't...

Socksey

Thanks for that.
Yes, I think the deposit is in someone's account.
I actually got a reply from the estate agent (I had cc'd the students in and they cc'd them back) saying they hadn't returned the deposit as they had not submitted invoices showing all the gas/electric bill were paid off etc.


I checked with the students, they had closed the accounts with the gas and electricity. and have communication saying the accounts are closed and no monies outstanding... however, they vacated the property and handed the keys back to the landlord about a month before the end of the tenancy. They owe nothing to the landlord. I emailed the letting agency to say that the accounts were closed etc and anyway, the supply of gas/electricity was nothing to do with the landlord and was a contract with a different person... the landlord cannot be pursued for anything outstanding (letting agent says that closing readings are not the same to the power company as what they have... to me this is irrelevant)... it is up to the power company to chase for any money owed to them.


So I again asked them to return the deposit as the grounds for continuing to hold it are nothing to do with the landlord (as far as I understand).


Depending on what they reply, I will advise the students re a letter before action.
Thanks

Comms69

Socksey wrote: »

Thanks for that.
Yes, I think the deposit is in someone's account.
I actually got a reply from the estate agent (I had cc'd the students in and they cc'd them back) saying they hadn't returned the deposit as they had not submitted invoices showing all the gas/electric bill were paid off etc.


- none of that sentence makes sense. No-one submits invoices to show that anything has been paid; ever.


that's not withstanding that neither the agent nor the landlord are entitled to see the private bills of the tenant


I checked with the students, they had closed the accounts with the gas and electricity. and have communication saying the accounts are closed and no monies outstanding... however, they vacated the property and handed the keys back to the landlord about a month before the end of the tenancy. They owe nothing to the landlord. I emailed the letting agency to say that the accounts were closed etc and anyway, the supply of gas/electricity was nothing to do with the landlord and was a contract with a different person... the landlord cannot be pursued for anything outstanding (letting agent says that closing readings are not the same to the power company as what they have... to me this is irrelevant)... it is up to the power company to chase for any money owed to them. - sort of. Technically the tenant continues to be liable for the supply and if they've closed the account, the energy supplier would chase the owner. But the amount is likely to be minimal


So I again asked them to return the deposit as the grounds for continuing to hold it are nothing to do with the landlord (as far as I understand).


Depending on what they reply, I will advise the students re a letter before action.
Thanks

Just write the letter, get it sent. Job done

AdrianC

Socksey wrote: »

My students who graduated in June have asked me for advice.

Following is the text I sent on the 8th October.. :

Dear Sir or Madam,
I have been asked by my students, names of students (all copied here), to find out from you when they will receive their deposit back from the house at address.

The correct - the only legally possible - response at this point from the deposit holder would have been "Sorry, but we cannot discuss this with you."

You can advise your students. You cannot do it for them, not without holding power of attorney on their behalf.