Tenant claiming deposit not protected for agents clerical error

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    #16
    No. I can't prove anything. I left it all with the agent

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      #17
      So ask the Agent for copy of all documents supplied to Deposit Protection Scheme &
      T, You can be held resp for any mistakes made by your Agent.

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        #18
        Originally posted by dunner30 View Post
        I saw this on one advice website for tenants. No. 8 brings up the landlord's name but doesn't mention an omission of the landlords name
        Mistakes that make a deposit unprotected
        1. Wrong start of tenancy date
        2. Missing out a tenant on the certificate
        3. Larger typo on your last name
        4. Wrong Deposit amount
        5. Wrong Address
        6. Wrong Postcode
        7. Wrong deposit paid date by more than a few days
        8. Wrong landlord name
        9. Expired before the tenancy ended
        I'm planning on claiming against my landlord for the 1-3x penalty as they are refusing to return it and after seeing your list checked my latest DPC. It has the wrong start date I think. Our first joint tenancy was dated July, the latest one is dated October (we added a tenant). Both certificates say start date July 2017. Is it in my favour? They were also late at re-protecting it to reflect the new tenant's name, though the date of payment didn't change.

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          #19
          Originally posted by dunner30 View Post
          No. I can't prove anything. I left it all with the agent
          My post made it through moderation (thanks mod), have a read what I wrote earlier.

          Originally posted by AssistanceRequired
          ...
          Start your own thread. Please don't hijack someone else's.
          I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

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            #20
            Originally posted by KTC View Post


            Get a copy of any and all evidence of service of PI and compliance with the initial requirements from your agent, then serve it in your defence.
            I think maybe KTC forgot to add: 'But for pity's sake don't serve it yet. Wait for the b*ggar's solicitor to actually issue court papers before you reveal all your cards.' ?

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              #21
              I have spoken to a property legal expert since writing this post. When the deposit was first registered with the TDS, my name as landlord was on there. There was a lease renewal, a new AST, a year later to the same tenant and the agent had to reregister the deposit with the TDS to reflect the renewal. This is where my name was taken off as the named landlord and the space left blank. The TDS should not have accepted a deposit with no named landlord. But it seems, the deposit was not protected because of this omission.

              If the tenant succeeds in claiming compensation on this, I may have grounds to claim against the agent.

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                #22
                Good luck.

                (Hope you've sacked the agent)

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                  #23
                  Originally posted by RedHitman View Post
                  Good luck.

                  (Hope you've sacked the agent)
                  But before you do get copies of all the paperwork for your file from the Agent.

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                    #24
                    Originally posted by dunner30 View Post
                    There was a lease renewal, a new AST, a year later to the same tenant and the agent had to reregister the deposit with the TDS to reflect the renewal.
                    couple of things

                    firstly, this is a good reason to let tenancies go periodic so you don't have to renew the protection each time an AST is started.

                    secondly, you're learning the hard way that you need to manage the agent, not leave things to them. If you do use an LA to protect a deposit in future, you need to make sure you have proof of protection long before the 30-day limit so that you can step in and fix whatever's not right and cover yourself. The safest way is to do it yourself though and, for that reason, there are those on here who insist that a LL should never let an agent protect a deposit.

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                      #25
                      Thank you tatemono, but I haven't given up all hope yet

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