Should I ask the agent directly which scheme my deposit is protected under or not?

user225688

I was wondering, if I ask them directly and it isn't protected, could it give them time before I move out to protect it and avoid being liable for paying the penalty for it being unprotected?

I wouldn't want to go ahead and claim the penalty but would use it as a bargaining chip to ensure I got my full deposit back.

So would tipping them off that I knew, if I sent them an email to ask who it is protected with and they subsequently checked and finding that it wasn't quickly did so before I moved out, mean that they would have gotten away with it being unprotected since they protected it at the last minute before I move out?

So should I not let on to the agents that I am inquiring about that and just ask each scheme direct if it is protected or not at least until after I had already moved?

Or would me asking the agents themselves before having moved not have any bearing on things?

What happened last move was that I had already moved and only subsequently found out it was unprotected when they were trying to charge a large chunk for 'professional clean' and other spurious costs and me wanting to take it to the scheme for a decision.

It took two+ months, with a lot of radio silence from them, before I actually got it back in full; only after threatening them to take it to court with a letter before action they finally coughed up.

theartfullodger

Nah, check here instead...


http://england.shelter.org.uk/housing_advice/tenancy_deposits/check_if_your_tenancy_deposit_is_protected

Is this in England please? Does tenancy state it is an AST - (Not all tenancies are ASTs..), please?


Assuming it's not protected then you really should claim penalty: How else with stupid ignorant landlords and/or agents learn? You have 6 years from 30 days after you paid deposit. Lots of guidance as to how on Shelter website

AdrianC

They didn't provide you with the "prescribed information" within 30 days? Ooops...

Then I'd be tempted to just keep quiet, and use that as leverage in the future.

Marvel1

Don't ask them, use it to your advantage if it's not, and if they mess you around go for the penalty.

need_an_answer

your new LL/agent has 30 days to protect your deposit

Have you moved in yet...from my understanding of your previous threads you only signed your tenancy agreement a few days ago.

Don't automatically look for areas of challenge you'll just spend your life second guessing.

Your new LL/agent is different to previous LL's/Agents...don't tar everyone with the same brush going forward because of a previous encounter.

user225688

theartfullodger wrote: »

Nah, check here instead...

Is this in England please? Does tenancy state it is an AST - (Not all tenancies are ASTs..), please?

Yes it is an AST, or was, and has been rolling SPT for quite a while 1+ years.

AdrianC wrote: »

They didn't provide you with the "prescribed information" within 30 days? Ooops...

Then I'd be tempted to just keep quiet, and use that as leverage in the future.

Well what happened it I originally signed agreement with the people who built the property as a new build. They protected it and sent me all the required info on move in; however a few months later it was sold to an individual who then gave all the runnings of it to an agent.

I am not sure whether it is or not tbh. When it happened last time (not talking about this tenancy I mean the one before unrelated to this) I got a letter in the post that my deposit is unprotected, from the scheme. I haven't seen any letter this time (though maybe if it is a different scheme they just don't send them) however when I checked online on the original scheme it is supposed to be with non of my info came up saying I don't have a deposit protected with them.

That could possibly be an error but it could also mean it isn't protected with them. If the latter I have received no new information from the new agents about who it is currently being held with (this is also in breach right? even if they have it protected but didn't inform me who with).

I have not rang any of them yet, only checked online with one. So I need to ring all 3 to actually see what is up. I was just dealing with other things so far but my OP was my next step to seeing how to proceed. So I will just keep schtum to the agents and ring the 3 TDSs.

user225688

need_an_answer wrote: »

your new LL/agent has 30 days to protect your deposit

Have you moved in yet...from my understanding of your previous threads you only signed your tenancy agreement a few days ago.

Don't automatically look for areas of challenge you'll just spend your life second guessing.

Your new LL/agent is different to previous LL's/Agents...don't tar everyone with the same brush going forward because of a previous encounter.

You have the wrong end of the stick. I am speaking on the deposit of the tenancy I am moving out of not the new one.

need_an_answer

Apologies..i'll move on....

G_M

user225688 wrote: »

Yes it is an AST, or was, and has been rolling SPT for quite a while 1+ years.

Well what happened it I originally signed agreement with the people who built the property as a new build. They protected it and sent me all the required info on move in;
So the de[osit was protected and you have the details. Good.

however a few months later it was sold to an individual who then gave all the runnings of it to an agent.and your existing tenancy continued, with the deposit protected and a new landlord

I am not sure whether it is or not tbh.
You've just said above that it was protected!

[STRIKE]When it happened last time (not talking about this tenancy I mean the one before unrelated to this) I got a letter in the post that my deposit is unprotected, from the scheme. I haven't seen any letter this time (though maybe if it is a different scheme they just don't send them)[/STRIKE]last ime?irrelevant
however when I checked online on the original scheme it is supposed to be with non of my info came up saying I don't have a deposit protected with them.
check the other schemes. But if the deposit was removed from the scheme you would/should have been informed

That could possibly be an error but it could also mean it isn't protected with them. If the latter I have received no new information from the new agents about who it is currently being held with (this is also in breach right? even if they have it protected but didn't inform me who with).have you checked each scheme?

I have not rang any of them yet, only checked online with one. So I need to ring all 3 to actually see what is up. I was just dealing with other things so far but my OP was my next step to seeing how to proceed. So I will just keep schtum to the agents and ring the 3 TDSs.

well no point posting here till you have all the facts!

G_M

theartfullodger wrote: »

You have 6 years from 30 days after you paid deposit. Lots of guidance as to how on Shelter website

I've never been sure artful - is it 6 years from payment date or from end of tenancy?


If the former, what happens if a tenancy lasts more than 6 years......?

user225688

G_M wrote: »

well no point posting here till you have all the facts!

Well my original query was only asking whether I should ask my agents who it is protected with not 'what should I do if it is unprotected'; but I will not ask them as was advised as I guess there is nothing to be gained by doing so rather than ringing the schemes myself.