Transferring a deposit

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  • jpkeates
    replied
    Receipt of deposit is always a troubling concept when the deposit isn't physically handed over to a landlord by a tenant.

    The landlord was never going to "receive" this deposit in the sense of having money handed over.
    It has been in their control throughout and was (in my view) received in relation to the latest tenancy when it began.
    There's a written agreement that assigns the sum of cash that the landlord has to the new tenancy and that's all there was ever going to be.
    The rest is admin the landlord needs to carry out.

    The fact that the landlord has handed the money to a third party and can't get the admin right isn't a defence and doesn't change anything.
    The fact that the tenant isn't co-operating isn't a help either.

    The landlord has until this Friday to protect the deposit and issue the PI.
    I'd probably insure the deposit and serve the PI today (unless the landlord has a deposits worth of money they can deposit for a while, until the previous deposit is handed over).

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  • MdeB
    replied
    Originally posted by mariner View Post
    You only have max 28-30 days to protect Deposit for new address, so you may have to pay it and keep later returned Deposit, or get T to stump up a new interim deposit.
    That is 30 days from receipt of deposit, not from start of tenancy.

    Leave a comment:


  • MdeB
    replied
    I would say that you have not received the deposit for the new property, and so the 30 days has not started.

    When I have done this, I have made a separate agreement with the tenant that the tenant will authorise the return of the deposit to me from the old address and that no deposit will have been paid for the new address until I have received the money.

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  • Mrs Dingle
    replied
    Originally posted by mariner View Post
    'dps' is a generic term for all 3 Approved Schemes.
    So which Scheme is protecting the Deposit?
    You only have max 28-30 days to protect Deposit for new address, so you may have to pay it and keep later returned Deposit, or get T to stump up a new interim deposit.
    I assume no deductions were required from original deposit?
    The 30 days can't start until I have "received " a deposit for the new flat. The deposit protection scheme have it. There is only one scheme where the deposit is kept by them. The tenant tried and failed to contact them and so we have stalemate. Waiting for the dps to e-mail me back in the next 4/5 days but not expecting them to sort it. Should I cancel the claim and try and refund it to the tenant so he can then pay it to me again. Hoping that someone on here has had a similar experience and could make a suggestion.

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  • Mrs Dingle
    replied
    The tenant moved on 27-04-18 and I will soon need to place a deposit on number 11. Which I expect the dps won't allow. Their system is slow in addressing issues. Nothing is being deducted from the deposit. It just needs to be moved from one flat to another.

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  • RedHitman
    replied
    Originally posted by mariner View Post
    'dps' is a generic term for all 3 Approved Schemes.
    So which Scheme is protecting the Deposit?
    You only have max 28-30 days to protect Deposit for new address, so you may have to pay it and keep later returned Deposit, or get T to stump up a new interim deposit.
    I assume no deductions were required from original deposit?
    DPS is not a generic term, I have mine protected with DPS - Deposit Protection Service at depositprotection.com

    Leave a comment:


  • mariner
    replied
    'dps' is a generic term for all 3 Approved Schemes.
    So which Scheme is protecting the Deposit?
    You only have max 28-30 days to protect Deposit for new address, so you may have to pay it and keep later returned Deposit, or get T to stump up a new interim deposit.
    I assume no deductions were required from original deposit?

    Leave a comment:


  • Mrs Dingle
    replied
    I've agreed with the tenant to claim the full deposit. Then place it again with the dps. So claimed online. They sent the tenant a letter asking for his personal number which he has lost. So he has to phone them. Which he has tried several times without success. So I have a deposit secured on flat 11 and the tenant has moved to flat 2. E-mailed dps today for help which they say will take 3/5 days. I think this is very dismal. Not sure where I stand. Yes I have secured the deposit but it's now on the wrong property. Any suggestions anyone?

    Leave a comment:


  • MdeB
    replied
    Originally posted by RedHitman View Post
    What we did though to make it quicker and easier, I made a claim for the full amount and the tenant agreed to it. The money came directly to me and I will reprotect it just before the new tenancy starts.
    That is what I have always done

    Leave a comment:


  • jpkeates
    replied
    Originally posted by Mrs Dingle View Post
    R.E. smoke alarm testing etc. lol You mean put batteries in the smoke alarms that the tenant has removed. It beggars belief that a tenant would remove batteries in a house where children are sleeping but they do!
    You need to check the alarms are working on the first day of the new tenancy (minimum of one per residential floor) and agree with the tenant that they will periodically check them (otherwise you have to).

    Which usually involves replacing the batteries the tenants removed when they started beeping to say they were low, yes.


    Nowadays I fit 10 year sealed units where there's no need to replace the batteries.

    Leave a comment:


  • Mrs Dingle
    replied
    Thank-you for your replies. Very helpful. I tried to send an e-mail to the dps today using their link and both times it was a postmaster failure. So the address is incorrect. I find the new deposit website very annoying. It looks like I will need to take another deposit from the tenant to start the new tenancy. It took 10 days for the last deposit I claimed to be refunded. That tenant had real problems doing their bit on the website.

    R.E. smoke alarm testing etc. lol You mean put batteries in the smoke alarms that the tenant has removed. It beggars belief that a tenant would remove batteries in a house where children are sleeping but they do!

    Leave a comment:


  • jpkeates
    replied
    It's a new tenancy, so, presumably there may be deductions to agree for the old tenancy.

    And, while you didn't ask this, don't forget the do all the other new tenancy documentation, smoke alarm testing etc.

    Leave a comment:


  • nukecad
    replied
    Whether or not it would be possible; surely it's safer legally for you to refund and then retake/resecure the deposit.

    It would then be clear that it's a new deposit, for a new tenancy, in a different property, so would avoid any possible confusion if problems arise in the future.

    Leave a comment:


  • RedHitman
    replied
    I’ve just done exactly this.
    Yes, you have to refund the deposit, you can’t simply change the address (which is what I wanted to do).

    What we did though to make it quicker and easier, I made a claim for the full amount and the tenant agreed to it. The money came directly to me and I will reprotect it just before the new tenancy starts.

    Leave a comment:

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