Incorrect information on DPC

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    Incorrect information on DPC


    Q1 – Where is the rented property located (England / Wales / Scotland / N Ireland)? England

    Q2 – What type of Tenancy Agreement (TA) is this e.g. sole tenant / multiple tenant / room only? Sole Tenant (my partner was a named tenant)

    Q3 – What date did current TA start dd/mm/yy? 30 November 2017

    Q4 – How long was initial fixed term (6/12/24 months / other)? 24 month - tenancy ended on 29 November 2019

    Q5 – Does the TA state that rent is due weekly? / 4-weekly? / per calendar month (if so, on what same date each month)? PCM

    Q6 – Did the TA require a tenant damage deposit to be paid? If so, on what date was this paid (dd/mm/yy)? Yes, £675 paid on 30 November 2017

    Q7 – If your query relates to a notice for repossession from the landlord (a Section 8 or Section 21 notice) or a tenants's notice to quit to the landlord, please provide the exact date the notice was sent/received (dd/mm/yy): N/A

    Q8 – Does the landlord live in the same property as the tenant? No


    Good Evening,

    I entered into a two year tenancy through a nationwide high street letting agent on a tenant find service.

    Good relationship with the landlord throughout the tenancy.

    Tenancy ended on 29 November 2019.

    I was chasing up the landlord about the return of the deposit as he had not managed to get to the property and hadn't responded to a couple of messages.

    During this time I contacted the letting agent to enquire whether they had heard from him. They hadn't, so I was becoming concerned about the deposit. They provided me with the DPC number and directed me to the appropriate deposit protection company. I contacted that organisation and the reference I provided did not match with the details they had. I was directed to the other organisation and they did not have any records and was advised to seek independent legal advice.

    Landlord messaged me towards the back end of last week confirming he his happy to return the full deposit. This was followed by an email from the letting agent requesting my bank details. I haven't responded to this as yet.

    After a bit of tooing and frooing between the letting agent and the deposit protection company, the letting agent has, today, provided me with the DPC. On the DPC in section 2, the landlord is recorded as the correct landlord under a C/O address of the letting agent. This is where it gets interesting, the 'tenant' has been incorrectly listed, the landlord's name is listed as opposed to mine.

    My conversation this afternoon with the letting agent centred around, that as far as I am concerned, the deposit is unprotected. They dispute this and are blaming the error on the deposit protection organisation.

    I rechecked my emails and have not received the DPC and cannot recall receiving it by post. However, as it was not in my name this is not surprising. I did not think to chase this up as on the date of signing the tenancy the letting agent provided me with signed document, indicating the deposit had been placed in a scheme. The period of protection is listed as 06 12 2017-29 11 2019

    I have sought independent legal advice, however, that has only gone as far as me providing an overview.

    I'd be grateful if you could provide some insight, how will the deposit company be able to release the funds given the incorrect information on the DPC? Do I also have a claim under the housing act for an unprotected deposit? If I do, would this be against the letting agent or landlord.

    Many Thanks

    #2
    Where des blame, des a claim.

    Comment


      #3
      How was Tenancy ended?

      Comment


        #4
        Originally posted by mariner View Post
        How was Tenancy ended?
        At the end of the two year period I did not renew. The landlord was made aware of this 3 months prior to the end of the tenancy.

        Comment


          #5
          The landlord doesn't necessarily have to give you a certificate relating to the deposit.
          That depends on the terms and conditions of the scheme.

          What they do have to do is provide a document called the Prescribed Information, which gives details of where the deposit is and how to retrieve it.
          It's a multi page document headed Prescribed Information, with a section for you to sign.
          It does sound a bit like the signed document that you have received.

          On the one hand, there's almost no way that the agent can blame the deposit company for the error.
          Almost every deposit protection is done online by the landlord or the agent, the deposit company doesn't do anything at the start of the process.

          On the other hand, the deposit was protected, you're about to get it back and the error is so small that it's essentially meaningless.
          The cost and effort of making a claim isn't worth it, unless the deposit is vast and I think you'd be better off just forgetting it.

          If the landlord or agent were trying to withhold the deposit or were making spurious claims, it might be worth using the error as a lever, but otherwise, just move on.
          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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