Tenancy deposit not protected

[Turbogre]

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

[DJ Barry Hammond]

35 minutes ago, Turbogre said:

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

 

How did you pay the deposit? (Hoping not cash)

 

You got proof you've paid it to someone like a receipt or record of the transaction?

[yorkie1999]

this may help

 

https://www.citizensadvice.org.uk/housing/renting-privately/during-your-tenancy/check-your-landlord-has-protected-your-deposit/

[Turbogre]

15 minutes ago, DJ Barry Hammond said:

 

How did you pay the deposit? (Hoping not cash)

 

You got proof you've paid it to someone like a receipt or record of the transaction?

I'm sure it was paid via Debit Card

 

I've got receipts from the letting agent which mentions deposits etc. 

[DJ Barry Hammond]

1 hour ago, Turbogre said:

I'm sure it was paid via Debit Card

 

I've got receipts from the letting agent which mentions deposits etc. 

 

Well there you go... you can get confirmation of the transaction and the account details it was paid to from your card provided / copy of the receipt if needed, but it shouldn't come to that.

 

It may be sensible to withhold the £600 from the rental payment due because it's always harder to get money back , but if you do that be open to both parties that you're going to do this because of the concern from the response you've received so far.

 

The landlord / letting agent are professionals, so they should act like it and be taking care of what should be a simple matter between themselves without any trouble to you. They both know a deposit would have been required, you've supplied it and can obtain proof of that, so it's all on them.

 

If it's the letting agent at fault (probably) you can be a bit firmer expressing your displeasure and could be a little cheeky by suggesting you'll charge an admin fee if you're required to provide proof of payment or any additional information. 

 

Citizens Advice bureau is your port of call if things get messier... but it shouldn't, just be firm and don't accept guff answers from the letting agent.

[Durnerz]

Isn't there an online thing it goes into where it shows that the landlord has the necessary protection? We had this system when we rented where you could log in online to view it.

[stix]

If you have rented through an agency then I'm pretty sure it's law that they place the deposit into a dps now. If you have receipts of payment to the agency for the said amount then they don't have a leg to stand on. If they dispute it you may be in for a bit of hassle getting it back though. But you will get it back. 

[Guest]

Keep the original receipts etc and show them copies. They wouldn't have given you the tenancy without one. If they deny knowing anything then move on a step:

 

What are your landlord's legal obligations around Tenancy Deposit Protection?

Your landlord is required to protect your deposit within 30 days of receiving it. Your deposit is considered received from the moment they have the money (whether it’s a cheque, a bank transfer or cash), and not when the funds have cleared.

If they fail to comply with their legal obligations, there are two possible sanctions:

1. They cannot end the tenancy or regain possession of your property under section 21 of the Housing Act 1998 until the deposit has been repaid or a court case has ended.
2. You can apply to a County Court to receive compensation between once and three times your deposit’s value if:
   • you think your deposit is not protected
   • you’ve not received information about the scheme your landlord has protected your deposit with.

 

https://www.depositprotection.com/tenant-info

[oxford blue]

I think the Shelter website is the most helpful:

 

http://england.shelter.org.uk/housing_advice/tenancy_deposits/check_if_your_tenancy_deposit_is_protected?&gclid=CjwKEAjwm7jKBRDE2_H_t8DVxzISJACwS9WbAccvhDCsw8m51mte0lfG6fUaSZ9nsf9YC0p7Y5NjRhoCjs3w_wcB

[Rob1742]

I would suggest talking about your issue with both the landlord and letting agent.

 

If either of them are worth their salt, they will want to find out where the deposit is.

 

As a landlord myself, firstly I would be disappointed if the tenant wasn't fully open with any concerns they have. But secondly if I was told about your concerns again, then I would do everything to find out where the deposit went, as legally it needs to be held in a DPS type scheme.

 

If I was to put money on it, I would think the letting agent is the one that has either not put it in a DPS scheme, or has misplaced it, as I have experience of this myself. 

 

A good landlord should be concerned.

 

I personally have had problems getting deposits put in the DPS, as letting agents like to hold onto it and don't like passing it over for me to put in the DPS.

 

Next time find out straight away where it is going. It has to go somewhere neither landlord or tenant can touch it and both parties get a number from the DPS that they can hold onto until it is time to take it back. 

[notnow john]

15 hours ago, Rob1742 said:

I would suggest talking about your issue with both the landlord and letting agent.

 

If either of them are worth their salt, they will want to find out where the deposit is.

 

As a landlord myself, firstly I would be disappointed if the tenant wasn't fully open with any concerns they have. But secondly if I was told about your concerns again, then I would do everything to find out where the deposit went, as legally it needs to be held in a DPS type scheme.

 

If I was to put money on it, I would think the letting agent is the one that has either not put it in a DPS scheme, or has misplaced it, as I have experience of this myself. 

 

A good landlord should be concerned.

 

I personally have had problems getting deposits put in the DPS, as letting agents like to hold onto it and don't like passing it over for me to put in the DPS.

 

Next time find out straight away where it is going. It has to go somewhere neither landlord or tenant can touch it and both parties get a number from the DPS that they can hold onto until it is time to take it back. 

Good advice , in a nutshell

[Turbogre]

Thanks for all the advice!

 

Quick Update:

 

The landlord has stated this morning that he is waiting on the agent to send him proof they transferred the deposit. He suggested not paying rent and he will then send me the deposit minus any rent when we vacate. 

He then asked if I would rather pay rent as normal and sort the deposit out after which is what I have agreed to do.

[Rob1742]

16 minutes ago, Turbogre said:

Thanks for all the advice!

 

Quick Update:

 

The landlord has stated this morning that he is waiting on the agent to send him proof they transferred the deposit. He suggested not paying rent and he will then send me the deposit minus any rent when we vacate. 

He then asked if I would rather pay rent as normal and sort the deposit out after which is what I have agreed to do.

Talking achieves so much "usually" Thought it wouldn't be an issue.'

 

Now can you help me get my rent off a tennant who treats a lovely house like a pig sty, haven't paid rent for two months and refuses to move out and won't communicate 

 

 

[Foxxed]

This happened to me.

 

I emailed the landlord and it and he was constantly vague about the DPS.

 

Eventually he sent me something via email which looked legit but he blurred some details out.

 

I thought this was odd, so I rang the DPS. I said I had no account number but they were fine with me just giving the address.

 

They told me there was a DPS account for this address, but it had only just been created, and there was no money against it!

 

I texted the landlord, telling him what I'd found, and said the DPS said it was illegal not to use the scheme after 90 days (or similar), and so I would go to a socilitor and report him to the police/whatever.

 

He caved and sent one of his lackies to give me the cash in hand.

 

TL;DR: It's illegal not to use a deposit scheme after 90 days or similar. Threaten to report your landlord if he doesn't give you the money.

 

 

[Turbogre]

50 minutes ago, Rob1742 said:

Talking achieves so much "usually" Thought it wouldn't be an issue.'

 

Now can you help me get my rent off a tennant who treats a lovely house like a pig sty, haven't paid rent for two months and refuses to move out and won't communicate 

 

 

It certainly does!

 

That doesn't sound good at all! unfortunately you get people like this in today's society, absolute bellends 

 

Where abouts is the house you are renting? when they do vacate will you be re-renting as i might be interested if local?

[Rob1742]

47 minutes ago, Turbogre said:

It certainly does!

 

That doesn't sound good at all! unfortunately you get people like this in today's society, absolute bellends 

 

Where abouts is the house you are renting? when they do vacate will you be re-renting as i might be interested if local?

It's not local, but I have one in Aylestone that might become vacant soon. 3 bed detached. 

[Soar Fox]

1 hour ago, Rob1742 said:

Talking achieves so much "usually" Thought it wouldn't be an issue.'

 

Now can you help me get my rent off a tennant who treats a lovely house like a pig sty, haven't paid rent for two months and refuses to move out and won't communicate 

 

 

Surely you know a couple of blokes and ask them "nicely" to leave.

[Webbo]

I work for some landlords. If the tenants don't want to leave it's really hard to get rid of them. 1 bloke owed 6 months rent and the landlord had to give him £200 to piss off.

[Soar Fox]

2 minutes ago, Webbo said:

I work for some landlords. If the tenants don't want to leave it's really hard to get rid of them. 1 bloke owed 6 months rent and the landlord had to give him £200 to piss off.

There's always ways of getting rid of them. My dad rents a couple of houses out and he's only had one bad experience with a tennant. 

 

It just depends if you want to go through the correct procedure or take matters into your own hands. My dad chose the latter. 

[Alf Bentley]

4 minutes ago, Steve_Walsh5 said:

There's always ways of getting rid of them. My dad rents a couple of houses out and he's only had one bad experience with a tennant. 

 

 

Tall, Scottish bloke? Buggered off in a tardis without paying his rent? 

 

I had a few bad experiences with Tennent's Super back in the day - evil stuff.

 

I'm sorry. I'm so very sorry.

[Soar Fox]

Just now, Alf Bentley said:

 

Tall, Scottish bloke? Buggered off in a tardis without paying his rent? 

 

I had a few bad experiences with Tennent's Super back in the day - evil stuff.

 

I'm sorry. I'm so very sorry.

Last time I had Tennants was Blackpool away in the Manchester pub. Vile 

 

The drink wasn't much better either.

[Turbogre]

22 hours ago, Rob1742 said:

It's not local, but I have one in Aylestone that might become vacant soon. 3 bed detached. 

Oooh ok.

 

Can you send me over the details when and if it becomes vacant?

[oxford blue]

On 6/26/2017 at 16:38, Foxxed said:

 

TL;DR: It's illegal not to use a deposit scheme after 90 days or similar. Threaten to report your landlord if he doesn't give you the money.

 

 

It's 30 days - s213(3) Housing Act 2004 (as amended)

[Rob1742]

5 hours ago, Turbogre said:

Oooh ok.

 

Can you send me over the details when and if it becomes vacant?

Will do, will know if he is leaving within next month