Estate Agents have had my deposit for over a year

SuseOrm

I’m not gonna lie, I had forgotten all about it.  

However, they’ve just contacted me to ask if they can pay £694 to the landlord for what they’re claiming is arrears and they’ve sent me a financial statement, showing that I didn’t pay the last month’s rent.  Which I didn’t, because I moved out early with agreement from the Landlord which I have in writing..  
However I did not receive a copy of the tenancy protection certificate which they have now sent to me and they claim should’ve been sent to me directly from the tenancy protection company, which I do not believe because when I was a landlord, it was sent to me, and then I had to forward it onto the tenant.  

Additionally, they have had my money for a year - I physically paid the money to estate agents - the moment to discuss in dispute this is well and truly past and they need to return my money.  

Am I wrong? 

propertyrental

The timing is irrelevant.

What matters is

* what was the exact agreement with the LL regarding Early Surrender (ie moving out early)? Was payment of rent pro rata (ie only for the days till you left) agreed? In writing?
* was the deposit protected within 30 days?
* was the Prescribed Information given to you (irrespective if by who) within 30 days?

SuseOrm

The prescribed information was not given to me within 30 days at all.  

There wasn’t really anything agreed in terms of rent just agreed that I would move out as I say I’ll be honest, I’d completely forgotten about the deposit.  I paid six months rent upfront so just wasn’t on my mind at all.  

The deposit was protected within 30 days but as I say, I was not issued with that certificate from anybody.  The Estate Agent is claiming that the tenancy deposit people should have issued me with the certificate which I believe is wrong.  

propertyrental

SuseOrm said:

The prescribed information was not given to me within 30 days at all.  

Then you can (threaten) to claim 3 times the deposit for failure to provide it within the statutory timescale.

There wasn’t really anything agreed in terms of rent just agreed that I would move out as I say I’ll be honest, I’d completely forgotten about the deposit.  I paid six months rent upfront so just wasn’t on my mind at all.  
Rent is due for the full rental payment unless agreed otherwise. What you seem to have agreed is that you will move out early and hand back the property, but without agreeing pro rata rent, so I suspect you owe the rent.

However no reason not to reach an agreement not to make a claim for the late PI above in return for return of your full deposit.

The deposit was protected within 30 days but as I say, I was not issued with that certificate from anybody.  The Estate Agent is claiming that the tenancy deposit people should have issued me with the certificate which I believe is wrong.  

It does not matter what they think, or whether they are right/wrong.

You did not receive it within 30 days so you can claim the penalty. They cannot present any defence.

SuseOrm

Thank you ever so much for that but they are claiming the tenancy deposit protection people should’ve sent it within 30 days.  I’m guessing that when I phone the tenancy deposit people on Monday, they will either confirm or deny this.  

I’ve had a look through previous tenancy agreements on other properties and actually did come directly from the tenants protection scheme directly.  

Who am I chasing the landlord or the estate agents (who I physically paid the money to) please ?  

The estate agents are claiming that they were not managing this property. Therefore I need to negotiate with the landlord. However, all of this is only come about because asking if they can release my money to the landlord so therefore, I assume they still have my money ?  

SuseOrm

Also, just to complicate matters further. The tenancy protection deposit scheme will only deal with matters three months after the tenancy ends.

propertyrental

SuseOrm said:

Thank you ever so much for that but they are claiming the tenancy deposit protection people should’ve sent it within 30 days. 

Irrelevant.

Either you received it within 30 days or you did not. That is all that matters so far as the law, and the penalty, is concerned.

Your claim for the penalty is against the landlord, though there is no harm in including the agent as a co-defendant in any court claim.

SuseOrm

Brilliant,  thank you

LegallyLandlord

The buck stops with the landlord, not the estate agent or the tenancy protection scheme. It’s the landlord’s responsibility to get you the prescribed information within 30 days of you paying the deposit. 

Here’s a good link https://england.shelter.org.uk/professional_resources/legal/costs_of_renting/tenancy_deposits

SuseOrm

But surely it makes a difference as to who physically has the money, which is the estate agent because they’re asking me if they can release some of the money to the landlord, and presumably give me the balance back. Why do they still have that money a year on ?  And they are claiming that they can’t get involved in a dispute. I didn’t know I had a dispute.  Do I just issue a statutory demand? 

SuseOrm

From what I can gather, there is a three month cut-off point for a dispute?