Tenancy deposit not protected

Hi,

Moved into a apartment back on 1st Feb 2013 with a £600 deposit which I was told would be protected by DPS.

Im due to move out on 17th July and have queried the deposit, my landlord advised that the letting agent should of put it into the DPS.

I spoke with them just now and there is no record of my deposit, they suggested calling the other two schemes which I did and again, there's no trace of it there.

So my question is what do I do now?

Do I not pay my rent which is due 1st July to 17th July or can i take action against this.

Thanks
 

mick goody

Banned
I really don't know the solution to this but I do know that if you don't pay your rent upto date it will earn you a CCJ.
 
After reading a few posts on another forum, they suggest paying all rent due and leaving property how we found it then once you have left and had your deposit returned, you should then seek court action for not protecting the deposit.
 

McVicar

Distinguished Member
I really don't know the solution to this but I do know that if you don't pay your rent upto date it will earn you a CCJ.
Its not as quick or straightforward as that but you should pay your last rent and treat this as a separate issue.
 

McVicar

Distinguished Member
After reading a few posts on another forum, they suggest paying all rent due and leaving property how we found it then once you have left and had your deposit returned, you should then seek court action for not protecting the deposit.
I've seen that site crop up on many occasion and I would treat with a pinch of salt some of the content on there. I'm not saying it may not be correct but still.

How have you got on with your landlord/agent in the 4+ years you have been living there?
 
Its not as quick or straightforward as that but you should pay your last rent and treat this as a separate issue.
Ok I have no issues with that, what would be the process?

The agent is claiming my landlord should of protected the deposit and he's saying they have protected it, I tend to believe him over the agent.
 

markie g

Distinguished Member
Lots of info here for you:
Tenancy deposit protection rules

It should of been paid into DPS within 30 days according to that article.
"Your landlord will have to pay you compensation of between 1 and 3 times the amount of your deposit."

First of all find when and how you paid it.
 

McVicar

Distinguished Member
At the end of the day it's the landlords responsibility to ensure its protected although I wonder how many landlords actually ask for proof, especially if they are dealing with a reputable company.
 
At the end of the day it's the landlords responsibility to ensure its protected although I wonder how many landlords actually ask for proof, especially if they are dealing with a reputable company.
I've just got a message off the landlord telling me the agent seems to think he has it so will check with his managing agent as he would of give it to them to hold and will release once we vacate.

???
 
So engage in contact about it with him?
Example,



Hi xxxxx

This is fine however as you are aware that deposit should of been protected with a tenancy deposit protection scheme within 30 days of receiving it and I should of been provided with this information otherwise tenancy deposit protection rules have been broken.
 

markie g

Distinguished Member
Example,



Hi xxxxx

This is fine however as you are aware that deposit should of been protected with a tenancy deposit protection scheme within 30 days of receiving it and I should of been provided with this information otherwise tenancy deposit protection rules have been broken.
Possibly, although if you paid cash did you have any evidence of this i.e. receipt? or your word against his?

Just thinking, if you go in guns blazing i.e. this should of been protected... he could turn around and say what deposit? I didn't get anything from you.
 
Possibly, although if you paid cash did you have any evidence of this i.e. receipt? or your word against his?

Just thinking, if you go in guns blazing i.e. this should of been protected... he could turn around and say what deposit? I didn't get anything from you.
I've got receipts from the letting agent which mentions deposits etc.

I might leave it and see what he says tomorrow after speaking to his managing agent rather then all guns blazing.
 

McVicar

Distinguished Member
I can't see any reason to go in guns blazing. In actual fact i would think if he hasn't protected it (and knows, or gets told of, the possible consequences) you're much more likely to get it back and quicker.

Edit: I don't think you answered my question of what the landlord and agent have been like during the time you have lived there?
 
I can't see any reason to go in guns blazing. In actual fact i would think if he hasn't protected it (and knows, or gets told of, the possible consequences) you're much more likely to get it back and quicker.

Edit: I don't think you answered my question of what the landlord and agent have been like during the time you have lived there?
Sorry I didn't see that question, the agent were fine within the first year, the second year they tried to charge me £75 to renew the tenancy at which point I got in touch with the landlord to inform him I was not happy about this and at this point he told me to deal directly with him and to ignore the agent and there would be no charge for renewal.

Since that point our relationship has been excellent, any issues with the property I sort out and deduct off the rent giving him receipts etc.
 

IronGiant

Moderator
Personally I would try and maintain your good relationship and query this after you move out and get your deposit back. It doesn't matter if you upset him then if you get my drift.
 

McVicar

Distinguished Member
Sorry I didn't see that question, the agent were fine within the first year, the second year they tried to charge me £75 to renew the tenancy at which point I got in touch with the landlord to inform him I was not happy about this and at this point he told me to deal directly with him and to ignore the agent and there would be no charge for renewal.

Since that point our relationship has been excellent, any issues with the property I sort out and deduct off the rent giving him receipts etc.
The reason I asked that is because I feel that is very important as to how you deal with this issue (If it indeed does turn out it wasn't protected).

Its not always easy to get a good landlord just as much as its not always easy to get a good tenant. I wouldn't be keen on 'punishing' someone for punishments sake. I would see how things go and revisit this later on, if need be, IMHO.
 
Personally I would try and maintain your good relationship and query this after you move out and get your deposit back. It doesn't matter if you upset him then if you get my drift.
I will do this and like Mr vicar said, if he knew the rules etc he would return it ASAP in full
 
The reason I asked that is because I feel that is very important as to how you deal with this issue (If it indeed does turn out it wasn't protected).

Its not always easy to get a good landlord just as much as its not always easy to get a good tenant. I wouldn't be keen on 'punishing' someone for punishments sake. I would see how things go and revisit this later on, if need be, IMHO.
I understand that and I agree, I'm not going to claim off him just because I can, he's been fair with me over the years in terms of going halves on a new carpet, fixing things when needed etc.

It will all depend on how much of my deposit is returned as his property will be left in the same state we found it which was spotless, so I'll be hiring a carpet cleaning etc to ensure no stone is left unturned.

If he does withold then I will revisit like you say.
 

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