Written information proving protection of deposit not provided by agent/landlord

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    Written information proving protection of deposit not provided by agent/landlord

    Hello,

    Basically, we've moved out of our property and are awaiting our deposit back. We are aware that the agent wants to make deductions, but has not told us of what amount. Anyway, whilst trying to source our deposit we have noticed some issues, and I believe we are within our rights to take the agent to small claims court. Firstly, I was going to start claiming back my deposit through DPS as the landlord was taking too long, but my details (email, phone etc.) aren't matching up on the DPS website. I worried that my deposit wasn't protected, but when searching amount and postcode on DPS it does confirm it is protected.

    Firstly - how can I start a claim or ARD through DPS if i can't match my details up with my deposit, which makes it look like my deposit is not there? this is not my fault, but i believe my agent has registered my details incorrectly. They are at fault, what can I do, and therefore how can I claim?
    Secondly - when asking our agent for our deposit identifier/number they provided a screenshot and I noticed they got my name wrong. They didn't put the deposit in the correct first name (surname was correct) - can I claim for this?
    Thirdly - the reason I believe we're in our rights to claim - we never received written confirmation that our deposit was protected, within 30 days of it being protected i.e. we never received prescribed information. Our deposit is protected with DPS but we never received a certificate, leaflet etc. from agent/landlord. I believe I am within my rights to claim up to 3x amount of deposit at small claims court because of this. Am i correct? What would be viewed as 'prescribed information' or 'written confirmation'? The only reference to our deposit being protected is in the tenancy agreement saying it will be protected with DPS (and the amount of deposit is stated here).

    For information: 12 month assured shorthold tenancy, 2 x tenants, privately rented - agent manages property but private landlords listed on tenancy agreement. Currently have not received deposit back and tenancy ended a month ago.

    #2
    If the agent didn't give you the Prescribed Information, you can sue them for a penalty.
    Strictly speaking, you can't use the small claims court - if the agent doesn't owe you money, it will be significantly more difficult to use that route.

    You would be more likely to get a penalty at the low end of the scale - probably one times the deposit value.

    You might find that the threat of action is more helpful in getting the agent to get their act together or simply just return the deposit to make things more difficult for you to make a claim against them.
    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

    Comment


      #3
      Since you have mentioned the deposit is with the DPS, from experience, it may be the agent, it may be DPS or it could be the tenant that the delays are being caused by. Usually if there is a claim against a deposit, the agent/landlord needs enter this into the online portal, this is then emailed via DPS to the T's email address, the T then either acknowledges the deductions or disputes them. If they dispute them then this takes even longer as it then has to go through arbitration, and who ever the DPS agrees with then pays out, this takes months not weeks to complete (in my case too over 10 weeks, with a number of calls to the DPS).

      Concerning your details, the Landlord/agent will not be able to amend any details once registered only the T is able to do this, you should have received a link via text or email on viewing your account, and if any mistakes you would then ask the DPS to correct. For me, the DPS just says it's the tenants duty to update and any mistakes/ errors should come from them to instruct the DPS to amend.

      Concerning the Prescribed info, does it mention anything in the Tenancy agreement or any other signed documents by yourself, as I get the T's to sign that they have received all the mandatory documents as proof that it has been provided. If not then you are in a better position, I was under the impression you would have to go to court in order to get judgement in your favour, I can't see how any other body could enforce or come up with the penalty for non compliance.

      Comment


        #4
        Originally posted by mb4030 View Post
        Our deposit is protected with DPS but we never received a certificate, leaflet etc. from agent/landlord.
        DPS custodial scheme does not have a leaflet (LL should provide their terms and conditions).
        DPS custodial scheme does not proviide a certificate (well, they never used to, but I have a niggling suspiciion that they may have started doing so).

        Originally posted by mb4030 View Post
        but my details (email, phone etc.) aren't matching up on the DPS website.
        Originally posted by mb4030 View Post
        i believe my agent has registered my details incorrectly.
        Originally posted by mb4030 View Post
        The only reference to our deposit being protected is in the tenancy agreement saying it will be protected with DPS (and the amount of deposit is stated here).
        Is there any reference there to the DPS terms and conditions, your email address, your phone number, your address for contact after the tenancy?
        If so, then
        • do they match what the DPS has?
        • are there any associated words saying the LL has given the tenant the opportunity to confirm they are correct?


        Originally posted by mb4030 View Post
        They are at fault, what can I do, and therefore how can I claim?
        1. Contact DPS and tell them registered details are wrong and therefore you have received no notifications from them, and you wish to have the deposit returned to you.
        2. Contact the agent and tell them
          1. They have registered your details incorrectly with the DPS.
          2. They did not provide you with the prescribed information.
          3. You want them to return the full deposit to you.


        Comment


          #5
          Originally posted by MdeB View Post
          DPS custodial scheme does not have a leaflet (LL should provide their terms and conditions).
          For the OP and anyone coming across this thread in the future benefit, it is specifically their Custodial or Insurance terms and conditions depending on which scheme the deposit is protected in, and not their General terms and conditions. They are different thing.
          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.

          I do not answer questions through private messages which should be posted publicly on the forum.

          Comment


            #6
            Originally posted by MdeB View Post
            DPS custodial scheme does not proviide a certificate (well, they never used to, but I have a niggling suspiciion that they may have started doing so).
            Yes, they have, although I dont think it's a scheme requirement to give a copy to the tenant.

            Comment


              #7
              When I register the tenants deposits with the DPS, they receive an email from them confirming my actions with all the details of the deposit. You should have therefore received the email when your landlord registered your deposit. Why not all the DPS, I find them very helpful.

              Comment


                #8
                If the agent loaded the tenants details wrong, they may have entered the wrong email address, or it was treated as spam.
                When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                Comment

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