Deposit placed in scheme after tenancy ended

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  • Deposit placed in scheme after tenancy ended

    Dear All,

    I have confirmation from the three schemes regarding their views on a LL attempting to place deposit money into a scheme after court action started by a T and after the tenancy ended...

    Mydeposits said "Further to your recent email, a deposit can not be protected with our scheme once the tenancy has ended. This should be protected with a scheme within 14 days as per the current legislation, however this can be protected with our scheme anytime during the initial fixed term period."

    The Dispute Service said "Deposits have to be protected within 14 days of the Tenant moving into a property. If you were to protect a Tenants deposit after this we may not be able to get involved due to the deposit not being protected correctly. For us to get involved we would also need our Clauses and Prescribed information in the Tenants Tenancy agreement. I would advise to seek legal advice from here onwards"

    And the DPS (which is the one my LL tried to use) ... "If you had made us aware of this before the Deposit was submitted, we would not have accepted the Deposit. As there is no option on our website to state weather the Tenancy has ended or not, we were not aware and as a result unable to know that it was necessary to reject the Deposit. Subsequently the Deposit was submitted successfully." ...

    but ... upon stating I was a T and taking the LL to Court ... the DPS have since said "Your account has been suspended today so no claim can be made by the Landlord. The DPS will not release any part of the Deposit unless it has a Court Order which refers specifically to the Deposit and/or the scheme administrator and the amount of the Deposit to be paid out. The DPS wish you luck in your court case".

    Hope some other T's find this information useful if they find themselves in the same boat of a LL attempting to get out of all of his obligations to protect the deposit and attempting to pocket the lot!

  • #2
    Thank you for posting that - really useful.
    'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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    • #3
      Thanks BlackCatGirl. Useful info, hope you don't mind me hijacking your thread to ask a question that your info prompted...

      Can a letting agent protect a deposit that was paid to him by tenants but not paid into a scheme until a month or so later - AFTER he has been 'terminated'* from representing the Landlord (and therefore has presumably no right to do anything regarding the property)?


      * wishful thinking

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      • #4
        Originally posted by Snorkerz View Post
        Thanks BlackCatGirl. Useful info, hope you don't mind me hijacking your thread to ask a question that your info prompted...

        Can a letting agent protect a deposit that was paid to him by tenants but not paid into a scheme until a month or so later - AFTER he has been 'terminated'* from representing the Landlord (and therefore has presumably no right to do anything regarding the property)?


        * wishful thinking
        Not having protected it when he should, ought he not to have paid it back to the LL?
        'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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        • #5
          Originally posted by mind the gap View Post
          Not having protected it when he should, ought he not to have paid it back to the LL?
          Yes he should - and my court case against him includes that - but just wondering if DPS could do anything.

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          • #6
            Hi

            I have the same case. My deposit was registered after the tenancy end with DPS. My solicitor is reading through the documentation.

            How can I enforce DPS not to release any part of my deposit to the landlord?

            V

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            • #7
              If you want to go the Court route, inform the DPS that they have money that the LL tried to protect after the tenancy has ended. Ask them if you are entitled to use their free arbitration services ... they will say no. Then ask them to return the money to the LL ... (therefore there is no protected deposit)... then go to Court.
              OR - ask them to keep the money in their Suspense account at the DPS pending a Court Order for its release (which is what I did).
              I have to inform you that I took my LL to court to get such a Court Order, but was not awarded costs (of around £9000) nor was I awarded the 3x penalty... only the return of my deposit in full.
              I am awaiting an appeal to obtain my costs of the action, and to see whether I can appeal the decision to decide not to award the penalty even though my deposit was never protected (being sat in the DPS suspense account!).

              I wish you all the luck in the world as the "law" is a farce at the moment with the two appeal judgements released recently. I am awaiting to hear if my appeal is granted 6 months after requesting one, and 18 months after the tenancy ended

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              • #8
                If its protected you would need to open a dispute with the DPS seeking return of your deposit. The 3x thing is plainly in favour of the LL!
                [I]The opinions I give are simply my opinions and interpretations of what I have learnt, in numerous years as a property professional, I would not rely upon them without consulting with a paid advisor and providing them with all the relevant facts[I]

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