Deposit protected late.

ryanm8655

Hi all,

Several years ago I rented a flat and my deposit wasn’t put into the protection scheme until 6 months after paying.

My understanding is there is a penalty for not doing this, which is payable to me.

The property was managed by an agent, the fees were gigantic (approaching £1k - this is London and for 2x referencing checks etc.). And they were absolutely useless. Ballsed up the tenancy agreement, were useless at sorting repairs (ended up bypassing them and going straight to the landlord- who also dropped them in the end). The deposit protection was just one of a catalogue of !!!!!! ups.

I remember reading I had 6 years to make a claim/report it. The first stage was writing a letter and then, depending on the response, filing court papers with a hefty fee (c.£500 iirc). At the time I was busy and had little spare cash for the fees but with lockdown I have plenty of time and spare cash.

How should I proceed?

I have the original contract/paperwork etc. Plus the email detailing when they deposit was protected.

My one concern is that it is the landlord himself who is liable rather than the agent in charge of protecting the deposit? If it would be the landlord then I’d rather not pursue it. He was a nice guy and just an ordinary middle class guy who had done well for himself in getting on the ladder at the right time, rather than rich. That said the flat was worth about £700k but he was a lecturer at a college. The agents, however, were incompetent money grabbers.

Do any solicitors do this stuff on a no win, no fee basis? It’s a pretty open and shut case but would save me the effort and avoid the risk of me making an error.

Advice appreciated!

cooltt

ryanm8655 said:

Hi all,

Several years ago I rented a flat and my deposit wasn’t put into the protection scheme until 6 months after paying.

My understanding is there is a penalty for not doing this, which is payable to me.

The property was managed by an agent, the fees were gigantic (approaching £1k - this is London and for 2x referencing checks etc.). And they were absolutely useless. Ballsed up the tenancy agreement, were useless at sorting repairs (ended up bypassing them and going straight to the landlord- who also dropped them in the end). The deposit protection was just one of a catalogue of !!!!!! ups.

I remember reading I had 6 years to make a claim/report it. The first stage was writing a letter and then, depending on the response, filing court papers with a hefty fee (c.£500 iirc). At the time I was busy and had little spare cash for the fees but with lockdown I have plenty of time and spare cash.

How should I proceed?

I have the original contract/paperwork etc. Plus the email detailing when they deposit was protected.

My one concern is that it is the landlord himself who is liable rather than the agent in charge of protecting the deposit? If it would be the landlord then I’d rather not pursue it. He was a nice guy and just an ordinary middle class guy who had done well for himself in getting on the ladder at the right time, rather than rich. That said the flat was worth about £700k but he was a lecturer at a college. The agents, however, were incompetent money grabbers.

Do any solicitors do this stuff on a no win, no fee basis? It’s a pretty open and shut case but would save me the effort and avoid the risk of me making an error.

Advice appreciated!

The landlord is liable, your deposit was protected (although late), you don't have a case, move on.

saajan_12

ryanm8655 said:

Hi all,

Several years ago I rented a flat and my deposit wasn’t put into the protection scheme until 6 months after paying. - how many years ago? will determine the rules applicable at the time. 

My understanding is there is a penalty for not doing this, which is payable to me. 

The property was managed by an agent, the fees were gigantic (approaching £1k - this is London and for 2x referencing checks etc.). And they were absolutely useless. Ballsed up the tenancy agreement, - how? were useless at sorting repairs - did you report them, in writing, and then follow up etc? (ended up bypassing them and going straight to the landlord- who also dropped them in the end). - well the LL is the one that chose them. If the LL's agent wasn't doing a good job, then of course he should step up, as its all ultimately his responsibility. The deposit protection was just one of a catalogue of !!!!!! ups. 

I remember reading I had 6 years to make a claim/report it. The first stage was writing a letter and then, depending on the response, filing court papers with a hefty fee (c.£500 iirc). At the time I was busy and had little spare cash for the fees but with lockdown I have plenty of time and spare cash.

How should I proceed?

I have the original contract/paperwork etc. Plus the email detailing when they deposit was protected.

My one concern is that it is the landlord himself who is liable rather than the agent in charge of protecting the deposit? - yes, your tenancy was with the LL, so they are responsible for getting the deposit protected. You had no contract with the agent, so they owe you nothing. The LL MAY be able to seek compensation from the agent IF they had a separate contract requiring the agent to do xyz on behalf of the agent, but you're not party to that. If it would be the landlord then I’d rather not pursue it. He was a nice guy and just an ordinary middle class guy who had done well for himself in getting on the ladder at the right time, rather than rich. That said the flat was worth about £700k but he was a lecturer at a college. The agents, however, were incompetent money grabbers.

Do any solicitors do this stuff on a no win, no fee basis? It’s a pretty open and shut case but would save me the effort and avoid the risk of me making an error. -yes, though they'll likely take a chunk out of what you win. 

Advice appreciated!

Your contract is with the LL, they are responsible for deposit protection, so they owe you any penalty. Since it was eventually protected before there was any need to claim it back etc, I'd expect the penalty to be at the lower end of the 1-3x range. Likely 1x deposit. 

You have no contract with the agent, so they owe you nothing. 

ryanm8655

cooltt said:

ryanm8655 said:

Hi all,

Several years ago I rented a flat and my deposit wasn’t put into the protection scheme until 6 months after paying.

My understanding is there is a penalty for not doing this, which is payable to me.

The property was managed by an agent, the fees were gigantic (approaching £1k - this is London and for 2x referencing checks etc.). And they were absolutely useless. Ballsed up the tenancy agreement, were useless at sorting repairs (ended up bypassing them and going straight to the landlord- who also dropped them in the end). The deposit protection was just one of a catalogue of !!!!!! ups.

I remember reading I had 6 years to make a claim/report it. The first stage was writing a letter and then, depending on the response, filing court papers with a hefty fee (c.£500 iirc). At the time I was busy and had little spare cash for the fees but with lockdown I have plenty of time and spare cash.

How should I proceed?

I have the original contract/paperwork etc. Plus the email detailing when they deposit was protected.

My one concern is that it is the landlord himself who is liable rather than the agent in charge of protecting the deposit? If it would be the landlord then I’d rather not pursue it. He was a nice guy and just an ordinary middle class guy who had done well for himself in getting on the ladder at the right time, rather than rich. That said the flat was worth about £700k but he was a lecturer at a college. The agents, however, were incompetent money grabbers.

Do any solicitors do this stuff on a no win, no fee basis? It’s a pretty open and shut case but would save me the effort and avoid the risk of me making an error.

Advice appreciated!

The landlord is liable, your deposit was protected (although late), you don't have a case, move on.

If it’s not protected within 30 days then there is a penalty payable to the tenant, upto 5x deposit total (deposit was £2800) IIRC. So not true there is no case.

Why the landlord and not the agent, who was in charge of protecting the deposit?

ryanm8655

saajan_12 said:

ryanm8655 said:

Hi all,

Several years ago I rented a flat and my deposit wasn’t put into the protection scheme until 6 months after paying. - how many years ago? will determine the rules applicable at the time. 

My understanding is there is a penalty for not doing this, which is payable to me. 

The property was managed by an agent, the fees were gigantic (approaching £1k - this is London and for 2x referencing checks etc.). And they were absolutely useless. Ballsed up the tenancy agreement, - how? were useless at sorting repairs - did you report them, in writing, and then follow up etc? (ended up bypassing them and going straight to the landlord- who also dropped them in the end). - well the LL is the one that chose them. If the LL's agent wasn't doing a good job, then of course he should step up, as its all ultimately his responsibility. The deposit protection was just one of a catalogue of !!!!!! ups. 

I remember reading I had 6 years to make a claim/report it. The first stage was writing a letter and then, depending on the response, filing court papers with a hefty fee (c.£500 iirc). At the time I was busy and had little spare cash for the fees but with lockdown I have plenty of time and spare cash.

How should I proceed?

I have the original contract/paperwork etc. Plus the email detailing when they deposit was protected.

My one concern is that it is the landlord himself who is liable rather than the agent in charge of protecting the deposit? - yes, your tenancy was with the LL, so they are responsible for getting the deposit protected. You had no contract with the agent, so they owe you nothing. The LL MAY be able to seek compensation from the agent IF they had a separate contract requiring the agent to do xyz on behalf of the agent, but you're not party to that. If it would be the landlord then I’d rather not pursue it. He was a nice guy and just an ordinary middle class guy who had done well for himself in getting on the ladder at the right time, rather than rich. That said the flat was worth about £700k but he was a lecturer at a college. The agents, however, were incompetent money grabbers.

Do any solicitors do this stuff on a no win, no fee basis? It’s a pretty open and shut case but would save me the effort and avoid the risk of me making an error. -yes, though they'll likely take a chunk out of what you win. 

Advice appreciated!

Your contract is with the LL, they are responsible for deposit protection, so they owe you any penalty. Since it was eventually protected before there was any need to claim it back etc, I'd expect the penalty to be at the lower end of the 1-3x range. Likely 1x deposit. 

You have no contract with the agent, so they owe you nothing. 

Insightful - thanks.

It was in early 2017, February IIRC. Moved out in Feb 2018.

I’ll have another read of the contract but reluctant to pursue landlord so will likely end it there.

Got the full deposit back at the end of the tenancy, which is a rarity when renting in London, so the landlord was fair.

Sure I read a case of an agent being liable but I may well be mistaken.

Thanks again, that’s helpful.

cooltt

ryanm8655 said:

cooltt said:

ryanm8655 said:

Hi all,

Several years ago I rented a flat and my deposit wasn’t put into the protection scheme until 6 months after paying.

My understanding is there is a penalty for not doing this, which is payable to me.

The property was managed by an agent, the fees were gigantic (approaching £1k - this is London and for 2x referencing checks etc.). And they were absolutely useless. Ballsed up the tenancy agreement, were useless at sorting repairs (ended up bypassing them and going straight to the landlord- who also dropped them in the end). The deposit protection was just one of a catalogue of !!!!!! ups.

I remember reading I had 6 years to make a claim/report it. The first stage was writing a letter and then, depending on the response, filing court papers with a hefty fee (c.£500 iirc). At the time I was busy and had little spare cash for the fees but with lockdown I have plenty of time and spare cash.

How should I proceed?

I have the original contract/paperwork etc. Plus the email detailing when they deposit was protected.

My one concern is that it is the landlord himself who is liable rather than the agent in charge of protecting the deposit? If it would be the landlord then I’d rather not pursue it. He was a nice guy and just an ordinary middle class guy who had done well for himself in getting on the ladder at the right time, rather than rich. That said the flat was worth about £700k but he was a lecturer at a college. The agents, however, were incompetent money grabbers.

Do any solicitors do this stuff on a no win, no fee basis? It’s a pretty open and shut case but would save me the effort and avoid the risk of me making an error.

Advice appreciated!

The landlord is liable, your deposit was protected (although late), you don't have a case, move on.

If it’s not protected within 30 days then there is a penalty payable to the tenant, upto 5x deposit total (deposit was £2800). So not true there is no case.

Why the landlord and not the agent, who was in charge of protecting the deposit?

The infomation the OP has provided and the time elapsed since, with no loss incurred to OP, will be thrown out, there is no case.

Comms69

cooltt said:

ryanm8655 said:

cooltt said:

ryanm8655 said:

Hi all,

Several years ago I rented a flat and my deposit wasn’t put into the protection scheme until 6 months after paying.

My understanding is there is a penalty for not doing this, which is payable to me.

The property was managed by an agent, the fees were gigantic (approaching £1k - this is London and for 2x referencing checks etc.). And they were absolutely useless. Ballsed up the tenancy agreement, were useless at sorting repairs (ended up bypassing them and going straight to the landlord- who also dropped them in the end). The deposit protection was just one of a catalogue of !!!!!! ups.

I remember reading I had 6 years to make a claim/report it. The first stage was writing a letter and then, depending on the response, filing court papers with a hefty fee (c.£500 iirc). At the time I was busy and had little spare cash for the fees but with lockdown I have plenty of time and spare cash.

How should I proceed?

I have the original contract/paperwork etc. Plus the email detailing when they deposit was protected.

My one concern is that it is the landlord himself who is liable rather than the agent in charge of protecting the deposit? If it would be the landlord then I’d rather not pursue it. He was a nice guy and just an ordinary middle class guy who had done well for himself in getting on the ladder at the right time, rather than rich. That said the flat was worth about £700k but he was a lecturer at a college. The agents, however, were incompetent money grabbers.

Do any solicitors do this stuff on a no win, no fee basis? It’s a pretty open and shut case but would save me the effort and avoid the risk of me making an error.

Advice appreciated!

The landlord is liable, your deposit was protected (although late), you don't have a case, move on.

If it’s not protected within 30 days then there is a penalty payable to the tenant, upto 5x deposit total (deposit was £2800). So not true there is no case.

Why the landlord and not the agent, who was in charge of protecting the deposit?

The infomation the OP has provided and the time elapsed since, with no loss incurred to OP, will be thrown out, there is no case.

You're wrong. I really dont think you're being helpful.

Penalty 1-3x the value simply for failing to protect with-in 30 days. No loss required.

Now perhaps some research time?

grumiofoundation

ryanm8655 said:

cooltt said:

ryanm8655 said:

Hi all,

Several years ago I rented a flat and my deposit wasn’t put into the protection scheme until 6 months after paying.

My understanding is there is a penalty for not doing this, which is payable to me.

The property was managed by an agent, the fees were gigantic (approaching £1k - this is London and for 2x referencing checks etc.). And they were absolutely useless. Ballsed up the tenancy agreement, were useless at sorting repairs (ended up bypassing them and going straight to the landlord- who also dropped them in the end). The deposit protection was just one of a catalogue of !!!!!! ups.

I remember reading I had 6 years to make a claim/report it. The first stage was writing a letter and then, depending on the response, filing court papers with a hefty fee (c.£500 iirc). At the time I was busy and had little spare cash for the fees but with lockdown I have plenty of time and spare cash.

How should I proceed?

I have the original contract/paperwork etc. Plus the email detailing when they deposit was protected.

My one concern is that it is the landlord himself who is liable rather than the agent in charge of protecting the deposit? If it would be the landlord then I’d rather not pursue it. He was a nice guy and just an ordinary middle class guy who had done well for himself in getting on the ladder at the right time, rather than rich. That said the flat was worth about £700k but he was a lecturer at a college. The agents, however, were incompetent money grabbers.

Do any solicitors do this stuff on a no win, no fee basis? It’s a pretty open and shut case but would save me the effort and avoid the risk of me making an error.

Advice appreciated!

The landlord is liable, your deposit was protected (although late), you don't have a case, move on.

If it’s not protected within 30 days then there is a penalty payable to the tenant, upto 5x deposit total (deposit was £2800) IIRC. So not true there is no case.

Why the landlord and not the agent, who was in charge of protecting the deposit?

1-3x the deposit as penalty (not 5).

Your contract is with your landlord, not their agent, therefore your landlord is liable.

Your landlord had a contract with the agent, this may allow them to sue the agent for any costs incurred (but thats not your problem). 

See below shelter guidance - it refers to 'landlord or agent' - i don't know if you can name them both as co-defendants (if thats the correct term?)

https://england.shelter.org.uk/housing_advice/tenancy_deposits/tenancy_deposit_compensation_claims

https://www.tenancydepositscheme.com/wp-content/uploads/2017/06/TDS-and-the-late-protection-of-deposits.pdf

grumiofoundation

cooltt said:

ryanm8655 said:

cooltt said:

ryanm8655 said:

Hi all,

Several years ago I rented a flat and my deposit wasn’t put into the protection scheme until 6 months after paying.

My understanding is there is a penalty for not doing this, which is payable to me.

The property was managed by an agent, the fees were gigantic (approaching £1k - this is London and for 2x referencing checks etc.). And they were absolutely useless. Ballsed up the tenancy agreement, were useless at sorting repairs (ended up bypassing them and going straight to the landlord- who also dropped them in the end). The deposit protection was just one of a catalogue of !!!!!! ups.

I remember reading I had 6 years to make a claim/report it. The first stage was writing a letter and then, depending on the response, filing court papers with a hefty fee (c.£500 iirc). At the time I was busy and had little spare cash for the fees but with lockdown I have plenty of time and spare cash.

How should I proceed?

I have the original contract/paperwork etc. Plus the email detailing when they deposit was protected.

My one concern is that it is the landlord himself who is liable rather than the agent in charge of protecting the deposit? If it would be the landlord then I’d rather not pursue it. He was a nice guy and just an ordinary middle class guy who had done well for himself in getting on the ladder at the right time, rather than rich. That said the flat was worth about £700k but he was a lecturer at a college. The agents, however, were incompetent money grabbers.

Do any solicitors do this stuff on a no win, no fee basis? It’s a pretty open and shut case but would save me the effort and avoid the risk of me making an error.

Advice appreciated!

The landlord is liable, your deposit was protected (although late), you don't have a case, move on.

If it’s not protected within 30 days then there is a penalty payable to the tenant, upto 5x deposit total (deposit was £2800). So not true there is no case.

Why the landlord and not the agent, who was in charge of protecting the deposit?

The infomation the OP has provided and the time elapsed since, with no loss incurred to OP, will be thrown out, there is no case.

http://www.legislation.gov.uk/ukpga/2004/34/part/6/chapter/4

ryanm8655

Thanks for the help/advice. Yes, 1-3x, I was mistaken. Remember the maximum being over £10k so maybe the deposit was higher than I remember.

Will have a look into it but am reluctant to make the landlord out of pocket, even if he could sue the agent. He was good throughout the tenancy and binned the agent (we wanted to stay but couldn’t without him paying exorbitant fees to the agent still). They’d also cost him a lot in legal fees due to the previous tenant subletting through Airbnb (which wasn’t allowed in the leasehold agreement for the property) and being kicked out, then subsequently suing him... He was a bit naive and screwed over by a terrible agent.

Thanks again.

Comms69

ryanm8655 said:

Thanks for the help/advice. Yes, 1-3x, I was mistaken. Remember the maximum being over £10k so maybe the deposit was higher than I remember.

Will have a look into it but am reluctant to make the landlord out of pocket, even if he could sue the agent. He was good throughout the tenancy and binned the agent (we wanted to stay but couldn’t without him paying exorbitant fees to the agent still). They’d also cost him a lot in legal fees due to the previous tenant subletting through Airbnb (which wasn’t allowed in the leasehold agreement for the property) and being kicked out, then subsequently suing him... He was a bit naive and screwed over by a terrible agent.

Thanks again.

Well unfortunately that's his risk for running a business