Deposit Cap Refund

[prm70115]

Hello everyone,

I am a tenant who renewed my AST for a sixth month period commencing 21 January 2020. The previous term was for 12 months. The deposit taken in January 2019 was the equivalent of 8 weeks rent and was protected within one of the deposit protection schemes with the relevant information provided within 30 days.

The six month AST signed in January 2020 states the deposit being five weeks worth of rent as per the Tenant Fees Act 2019, meaning a refund based on the initial deposit is due.

I am now in the final month of this sixth month tenancy and am still yet to receive a refund (a fairly significant amount). The initial deposit (based on 8 weeks rent) is still being held in the deposit protection scheme but it is the incorrect amount (it should be 5 weeks). I have tried to engage with the agent who deals with the tenancy but they have simply stated I will receive the refund when I sign for a renewed period later on in July. To me this seems fishy and I don't understand why they can't simply get in touch with the deposit protection scheme and authorise a refund.

I have contacted the deposit protection scheme but they say only the agent can authorise this, so I seem to be going round in circles trying to receive back money that is being held unlawfully.

I wish to remain in the property beyond the current period, however anticipate the deposit situation will continue to remain the same. Any advice on my options would be much appreciated.

[jpkeates]

I suspect that someone at the agency has cocked up.

The January tenancy didn't require that the deposit be reduced to 5 weeks, that requirement wouldn't kick in until a new tenancy after June 1 2020 relating to the Tenant Fees Act. So the value on the January tenancy agreement was probably a mistake.

But, having changed the amount on the tenancy agreement, that is also a binding agreement and the landlord is obliged to honour it, so the deposit held matches what the tenancy agreement says.

I'd suggest pointing that out to the agent and hope that they agree to return the surplus deposit ahead of signing any new agreement.

[KTC]

The January tenancy didn't require that the deposit be reduced to 5 weeks, that requirement wouldn't kick in until a new tenancy after June 1 2020 relating to the Tenant Fees Act.

No. The kick-in date for new tenancy was 1 June 2019. It's this year for existing tenancy and SPT.

[jpkeates]

No. The kick-in date for new tenancy was 1 June 2019. It's this year for existing tenancy and SPT.

You're quite right - for some reason I'm thinking a year out.
More coffee needed.

Please ignore post number 2.

[AndrewDod]

Yes they should refund it. As a matter of interest did they increase the rent by an amount commensurate with their increased risk, because I certainly have done that. It's swings and roundabout (that penalises some tenants more than others).

[Freefaller]

No. The kick-in date for new tenancy was 1 June 2019. It's this year for existing tenancy and SPT.

This year for existing tenancies and SPTs? You had me worried! I just had a check on the DPS website, which has a handy flow-chart to show whether or not you need to reduce the deposit: https://www.depositprotection.com/ne...p-one-year-on/ Looks like I don't need to make any changes as mine went periodic a few years ago.

[prm70115]

Yes they should refund it. As a matter of interest did they increase the rent by an amount commensurate with their increased risk, because I certainly have done that. It's swings and roundabout (that penalises some tenants more than others).

No, the rent stayed the same.

[prm70115]

I'd suggest pointing that out to the agent and hope that they agree to return the surplus deposit ahead of signing any new agreement.

Thanks, I have pointed this out to the agent repeatedly but they are simply not acting on my requests. Any further avenues I can take to enforce this?

I would have thought they have also left themselves open to a claim of failing to protect the deposit correctly (even though they are protecting a higher amount) and providing the prescribed information relevant to the new lower deposit amount?

[jpkeates]

You could sue them via the small claims court for the money.
You could report them to trading standards.
Or both.