Failure to register tenant's deposit with deposit proection scheme

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Failure to register tenant's deposit with deposit proection scheme

    I have just discovered that the letting agent whom I paid £35 to registerd my previous tenant's deposit is not registered with either Tenant Deposit Scheme or My Deposits.co.uk, both of whom at one stage or other they should have. As they disengaged themselves from managing the property as of last week, they are now saying they have archived my file (which they have a legal obligation to retain for 4 years) and are unwilling to spend any time on the matter. This is from a letting agent which attempted to allow tenants to move into my property without first showing evidence to me of credit checks and providing me with requested information, and also moving my tenant of the time out the property in unnecessary haste.

    Upon disinstructing themselves, they paid the tenant's deposit to me and I wish to seek advice from the free disputes resolution service for which I paid and to which I and the tenant should have a right. If they are being so intrasigent, should I remind them of their professional and legal obligations in the form of a letter from my solicitor?

  • #2
    Originally posted by Pipsweak View Post
    I have just discovered that the letting agent whom I paid £35 to registerd my previous tenant's deposit is not registered with either Tenant Deposit Scheme or My Deposits.co.uk, both of whom at one stage or other they should have. As they disengaged themselves from managing the property as of last week, they are now saying they have archived my file (which they have a legal obligation to retain for 4 years) and are unwilling to spend any time on the matter. This is from a letting agent which attempted to allow tenants to move into my property without first showing evidence to me of credit checks and providing me with requested information, and also moving my tenant of the time out the property in unnecessary haste.

    Upon disinstructing themselves, they paid the tenant's deposit to me and I wish to seek advice from the free disputes resolution service for which I paid and to which I and the tenant should have a right. If they are being so intrasigent, should I remind them of their professional and legal obligations in the form of a letter from my solicitor?
    So they have retiurned the deposit without a song and dance, and you are complaining?

    Can't you lodge it yourself with the Deposit Protection Service for free, and then sue them for the £35 back?
    Last edited by thesaint; 16-04-2010, 15:16 PM. Reason: Wrong scheme
    Allow tenants to protect their own deposits. I want free money when they do it wrong

    Comment


    • #3
      I agree with the solution offered by 'thesaint' but totally understand your concerns about the behaviour of your former agent.

      I suggest you write a 'letter before action' to the agent, giving them 14 days to refund your £35 and provide the information you want from their files. Make it clear that you will be taking the matter to the court if they don't comply - not only for the £35, but also for breach of contract (an implied factor in every contract is that the parties will act within the law) and some form of damages in respect of their actions leaving you open to legal action from your tenant.

      None of the above would be worth doing if they call your bluff, damages would be minimal and would the paperwork and an afternoon in court really be worth it for £35?

      Comment

      Latest Activity

      Collapse

      • Help with this agent
        robbie31
        My wife and I are expats who have been renting our property through an agent for 5 years. We currently own a four bedroom property (for bedrooms including a loft extensions) In October 2016, the previous tenants move out and the current occupants moved in. We were sent the documents with a recommendation...
        13-07-2017, 12:03 PM
      • Reply to Help with this agent
        tatemono
        You paid 10% of what on top of a management fee?

        What does your contract say about this? If the contract makes no mention of a "get out" fee then it will cost you nothing to dispense with their services.

        Is there a notice period for cancelling the contract with the...
        16-07-2017, 09:29 AM
      • Reply to Help with this agent
        MrShed
        That would depend wholly on the terms of your contract with the agent. There's no "standard" procedure I'm afraid....
        16-07-2017, 06:19 AM
      • Reply to Help with this agent
        robbie31
        Good afternoon

        Thank you for your excellent advice. I meant about compensating the agent. This is the question in a better way. At the beginning of the tenancy we paid 10% for a finders fee / advertising / searches etc as well as a management fee taken from the rent. If we decide to cancel...
        16-07-2017, 03:26 AM
      • Reply to Help with this agent
        MrShed
        Sorry not sure your question makes a lot of sense. Why would you have to compensate tenants for you changing agent? Apologies if I am misreading this?
        15-07-2017, 16:49 PM
      • Reply to Help with this agent
        robbie31
        If we were to change the agent (the contract end on the 28th August) would be be tied and have to compensate the tenants until that date?...
        15-07-2017, 07:30 AM
      • Reply to Help with this agent
        robbie31
        Point made Mr Shed. Thanks for the upfront advice....
        15-07-2017, 07:05 AM
      • Reply to Help with this agent
        MrShed
        A few things here:

        1) you explicitly said above the issue was distance. You can understand why I thought therefore the issue was distance.
        2) the average compensation of the ombudsman is completely irrelevant. What matters is your specific case which could be over or under the average....
        15-07-2017, 06:31 AM
      • Reply to Help with this agent
        robbie31
        The issue is not really about distance. We are in a dilemma. My wife seems to think that if we make a complaint the agent can cancel our contract. This would mean finding a new agent and paying fees etc. Monies we do not have. We have spoken to the Ombudsman who informed us that we should have been...
        14-07-2017, 23:58 PM
      • Reply to Help with this agent
        MrShed
        I dont understand why distance makes an issue with you raising the behaviour of the agent with their professional body?
        14-07-2017, 15:58 PM
      Working...
      X