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  • FIRST POST
    • murdoch84
    • By murdoch84 12th Jan 19, 8:05 PM
    • 2Posts
    • 0Thanks
    murdoch84
    Agent in liquidation - no deposit scheme logged
    • #1
    • 12th Jan 19, 8:05 PM
    Agent in liquidation - no deposit scheme logged 12th Jan 19 at 8:05 PM
    Hi everyone
    Iím moving out of my current property (a private rented flat) at the end of the month.
    I have just received a text from the landlord saying the agency that manages the flat has gone into liquidation this week.
    I have spoken to the landlord only once briefly - a month ago she told me by phone that they hadnít deposited the last 6 months of rent into her account (I had paid it all on time). She resolved the issue and they transferred the whole amount to her that day.

    Now, I would assume that the deposit I had paid would be safe as it would be in a deposit scheme. I have checked my emails and all I have is an email from the agency that they had submitted the deposit. I have no emails from the scheme about this property at all. This is something I would have normally followed up but at time I was moving I was very unwell and had dropped the ball on a few things.

    To add further complications a few days after I moved in i had to pay them a further deposit as they hadnít realised I had a pet (I told them several times but this only came up once I saw the rental agreement said no pets).

    I am a bit freaked out that they have never transferred any money to a deposit scheme as theyíve had some shady behaviour with my landlord over paying her the rent for 6 months.
    Iím going to call the deposit scheme on Monday but in the meantime can anyone give me some advice?
    I saw something earlier that the landlord is liable if the agent goes bust and I have my bank statements that show the payments being made.

    This isnít what I was hoping for - moving is stressful enough!

    Thanks for any insights you can provide.
Page 1
    • molerat
    • By molerat 12th Jan 19, 8:10 PM
    • 19,944 Posts
    • 14,210 Thanks
    molerat
    • #2
    • 12th Jan 19, 8:10 PM
    • #2
    • 12th Jan 19, 8:10 PM
    The deposit is down to the landlord to re-pay. If the agent did not secure it that is the landlord's problem - if it was not secured the landlord is the one to sue.
    https://www.helpforheroes.org.uk/give-support/donate-now/
    • m0bov
    • By m0bov 12th Jan 19, 8:14 PM
    • 1,404 Posts
    • 973 Thanks
    m0bov
    • #3
    • 12th Jan 19, 8:14 PM
    • #3
    • 12th Jan 19, 8:14 PM
    Sue for x3.
    • Finchy2018
    • By Finchy2018 12th Jan 19, 8:22 PM
    • 123 Posts
    • 106 Thanks
    Finchy2018
    • #4
    • 12th Jan 19, 8:22 PM
    • #4
    • 12th Jan 19, 8:22 PM
    Have you checked it's not been registered?
    • Finchy2018
    • By Finchy2018 12th Jan 19, 8:23 PM
    • 123 Posts
    • 106 Thanks
    Finchy2018
    • #5
    • 12th Jan 19, 8:23 PM
    • #5
    • 12th Jan 19, 8:23 PM
    Have you checked it's not been registered? You can do this online.
    • murdoch84
    • By murdoch84 12th Jan 19, 8:31 PM
    • 2 Posts
    • 0 Thanks
    murdoch84
    • #6
    • 12th Jan 19, 8:31 PM
    • #6
    • 12th Jan 19, 8:31 PM
    I canít check as you need log in details. I was never sent any.
    • Finchy2018
    • By Finchy2018 12th Jan 19, 8:35 PM
    • 123 Posts
    • 106 Thanks
    Finchy2018
    • #7
    • 12th Jan 19, 8:35 PM
    • #7
    • 12th Jan 19, 8:35 PM
    You should be able to visit the 3 deposit sites, input your deposit details (amount, address and tencacy dates) and it will tell you.

    E.g. https://www.mydeposits.co.uk/tenants/deposit-checker/
    • G_M
    • By G_M 12th Jan 19, 8:36 PM
    • 46,524 Posts
    • 56,488 Thanks
    G_M
    • #8
    • 12th Jan 19, 8:36 PM
    • #8
    • 12th Jan 19, 8:36 PM
    * Check online with each of the deposit schemes

    * check for both deposits - the original and the pet

    * when you eave, write to the LL requesting your deposit back. It is the LL's esponibility to repay you. If his agent has 'mislaid' it or gobe walkaboit, that is the LL's problem not yours.

    * yes, if the deposits were not protected, you can claim the penalty from the LL, but assuming he repays it to you that seems a bit harsh given it was the agent that let him down. If you do decide to claim, the court will likely award the minimum penalty (1 time the deposit).

    Unless of course the LL is also refusing to return the deposit itself.
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