AST deposit registered three years late?

elle1210

Hi everyone,
We moved into a property in 2018 and are moving out next month after 3 years in the property. I couldn't find my AST deposit certificate in my emails, just a leaflet about TDS, but then I couldn't find our deposit on their website. I emailed the letting agent, who then provided me with the certificate.
However, there are several issues with it:

1. The tenancy date is wrong - they have the year wrong, as it says we moved in a year after we did (we have our AST contracts to show this)
2. The deposit received date is wrong - they have it as 2020, not 2018
3. The big issue: it says date of registration is the date I asked them to show me the certificate, so Feb 2021!

I know there are penalties for registering late, or not at all, but they've seemingly registered the deposit three years late?! The property is let by an agent and managed by the landlord, who has mostly been quite good. However, we are considering seeking the compensation/penalty money because it could be more than £5k for us. There is no mortgage on the property, so it's not like they're relying on our money to pay it - it's simply more cash in the bank.
My question is whether we issue our initial letter to the Letting Agent or the Landlord? I understand it's the Landlord's responsibility, but I assume they have no idea that it wasn't registered, so we are feeling a bit conflicted here as they're probably completely unaware - isn't this what you pay an agency for? However, that's a huge amount of money to us as we have some debt to pay off. My partner doesn't think it's fair and says we should at least wait to see if they try and screw us on the deposit - we've always looked after our properties as if they're our own, with regular maintenance and regular professional cleans, but we live in London and every estate agent here tries to penalise you hard when you leave (in our experience/that of all our friends). It might also be worth saying we don't need them for a reference, as we have bought. 

Has anyone got any advice or have you gone through this before? 

moneysavinghero

It is the Landlords responsibility to protect the deposit. Serve your LBA to the Landlord.
Up to the Landlord to then take action against HIS agent if he believes they have cost him money out of their negligence.

tacpot12

I would take a contrary approach. Your deposit is now protected, so you have the scheme to protect you from being screwed. So you haven't lost anything. I would write to the landlord to inform them that you were disappointed that your deposit wasn't protected from the outset, but have deferring your decision on whether to take action until see what happens about deductions. I would mention how much the compensation would be and leave them to worry about it. (I'm a landlord BTW). 

[Deleted User]

I am not well versed in these things but do tenants need to prove a negative outcome to seek compensation for a deposit that wasnt protected properly? Or is it just as clear cut as 'it wasnt protected so you have a valid claim'?

If they do then you have no grounds to claim and probably old it over them to make sure no deductions are taken from the deposit.  
If you dont then I guess the law was brought in to discourage lax behaviour from landlords and letting agents. If no one is ever penalised as a result then there is no point in the law.  So might as well try make a claim

Does morality come it in to it?  Probably not, its a business relationship after all

greatcrested

You have 3 choices

1) get into a back/forth debate with the agents over the errors dates etc to achieve..... what?

2) Decide to claim th penalty for late registration immediately. Send a Letter Before Action and see if they decide to offer you a settlement, then go to court. Expect perhaps 2 times the deposit penalty?

3) do nothing. Wait and see if your deposit is retuned either in full or with fair deductions that you agree with.Then decide whether to walk away with your deposit and avoid hassle, or whether to claim the penalty.

[Deleted User]

Deleted_User said:

I am not well versed in these things but do tenants need to prove a negative outcome to seek compensation for a deposit that wasnt protected properly? Or is it just as clear cut as 'it wasnt protected so you have a valid claim'?

If they do then you have no grounds to claim and probably old it over them to make sure no deductions are taken from the deposit.  
If you dont then I guess the law was brought in to discourage lax behaviour from landlords and letting agents. If no one is ever penalised as a result then there is no point in the law.  So might as well try make a claim

Does morality come it in to it?  Probably not, its a business relationship after all

It’s clear cut. The deposit must be protected within 30 days of receiving it. If it isn’t and the tenant takes it to court the judge must award the tenant between 1-3 times the value of the deposit. 

theartfullodger

Sue landlord for up to 3x deposit for failing to comply with the law. A law passed twice by parliament, second time to give poor overworked downtrodden landlords more time to do this tough & hard bit of admin.  Advice on how here....

https://england.shelter.org.uk/housing_advice/tenancy_deposits/how_to_make_a_tenancy_deposit_compensation_claim?

Artful: Landlord since 2000

annetheman

Someone else has posted from a landlord's side: https://forums.moneysavingexpert.com/discussion/6240660/ex-tenant-suing-us-for-period-of-unprotected-deposit/p1
Some helpful info there too, but the law is on your side it seems.

I would take theartfullodger's advice and sue.

greatcrested

Just to be pedantic, you can't sue. You have suffered no loss so are not suing for compensation.

You are claiming a penalty. Which is why the process is different.

If you were suing, this would go via the court Small Claims Track for claims under £10K.

To claim the penalty, use Form N208

Post 3: Deposits: Payment, Protection and Return.

That's also why when you asked above:

do tenants need to prove a negative outcome to seek compensation for a deposit that wasnt protected properly? Or is it just as clear cut as 'it wasnt protected so you have a valid claim'?

Lover_of_Lycra replied

It’s clear cut. The deposit must be protected within 30 days of receiving it. If it isn’t and the tenant takes it to court the judge must award the tenant between 1-3 times the value of the deposit. 

elle1210

Thanks all! I emailed TDS to double check and it turns out they registered the deposit twice, and there are two certificates? Quite confusing as they only sent me one, hence the confusion. I assume you have to renew when your tenancy agreement renews? 

greatcrested

elle1210 said:

Thanks all! I emailed TDS to double check and it turns out they registered the deposit twice, and there are two certificates? Quite confusing as they only sent me one, hence the confusion. I assume you have to renew when your tenancy agreement renews? 

Depends on the scheme.