Deposit placed in scheme after tenancy ended

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

    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

    Comment


      #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

      Comment


        #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

        Comment


          #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.

          Comment


            #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

            Comment


              #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

              Comment


                #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]

                Comment

                Latest Activity

                Collapse

                • Termination of Tenancy
                  janeygee
                  Hi,
                  looking for some practical advice here, first post.I shall try to hit the main points and be brief.
                  I have been renting my house to a couple whilst I have been out of the UK with a private rental contract, visiting the house once a year. They have been renting for 10 years , on a one...
                  15-01-2018, 15:34 PM
                • Reply to Termination of Tenancy
                  DPT57
                  As JPK says, let them leave before pressing some of the these issues. If you haven't served a proper s21 notice then they could make your life very difficult and make you wait before giving up possession....
                  16-01-2018, 19:14 PM
                • Periodic S21
                  royesjaffia
                  Good Day All,
                  I am a new landlord and as such decided to not undertake the task of all the nuances of letting so I hired a letting agency.

                  Things went smoothly until I wanted the tenant to leave. The date the tenant was to leave was the 13th of January. To date, he still has not left...
                  15-01-2018, 15:14 PM
                • Reply to Periodic S21
                  DPT57
                  Serve notice yourself and then assuming you instructed the Agent to serve notice on the tenant and they failed to do so, cancel the contract with them and report their incompetence to whichever redress scheme they are part of....
                  16-01-2018, 18:57 PM
                • Take agent or inventory company to court?
                  Spencerjdb
                  Summary:
                  Who is responsible for keys if they break 3hrs into tenancy by bending (poor metal) and later proven the 2nd copy of key I had was stiff (and lock has a "knack" and a "fraction") and was later given agency copy of keys which were better than my "stiff keys".
                  ...
                  16-01-2018, 17:05 PM
                • Reply to Take agent or inventory company to court?
                  Wannadonnadoodah
                  So with the 2 hour clean you'll be taking court action over a dirty side of a bed and a key? Last time I had a key cut it was less than a fiver and it sounds like a 3 minute cleaning job to do down the side of the bed. It really does feel like a massive over reaction. Taking this into consideration...
                  16-01-2018, 18:40 PM
                • Notice period when subletting
                  peacelily
                  A bit of background to explain the situation- I am currently subletting a room from a tenant of a flat who is renting from a landlord.

                  I have now given my notice to move out.

                  Our original agreement (only by email, nothing signed or in writing) stated that the tenant would...
                  16-01-2018, 18:10 PM
                • Reply to Take agent or inventory company to court?
                  Spencerjdb
                  I want to take court action if I have to pay for a cleaner, because those responsible for the property will not.
                  I want to take court action as the agency I'm sure will take it from my deposit if I do not pay for a 2nd key to be cut.

                  I'm not a slave, nor a cleaner, nor do I have any...
                  16-01-2018, 17:49 PM
                • Reply to Take agent or inventory company to court?
                  Spencerjdb
                  Inventory was done Friday and given to me today and I have raised the points (sorry, this is further down in my lengthy post). The agent said that they've gotten inventory company to pay for a 2hr clean tomorrow but that they won't be cleaning down side of bed unless I travel up there and move the bed......
                  16-01-2018, 17:47 PM
                • Reply to Take agent or inventory company to court?
                  leaseholder64
                  You are responsible for the cleaning, as you should have checked the inventory when it was made. It will now be very difficult to prove that it was wrong.

                  I find it very difficult to believe there is a market in such obviously sub-standard key blanks, but I would guess the person who commissioned...
                  16-01-2018, 17:42 PM
                Working...
                X