Letter from Tenant Deposit Consultants

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    #16
    Originally posted by HerilSamika View Post
    There are several people in our office who have recently either been awarded compensation from landlords via settlement or have been awarded it from the courts after going to trial
    Do you live in a terrible area? Or do you work in a leech farm?

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      #17
      Originally posted by jjlandlord View Post
      Do you live in a terrible area? Or do you work in a leech farm?
      LOL - my IT employers recruit overseas, so there are lots of foreign nationals that have rented from landlords who did not protect deposits. A few of the blokes on the floor below had some trouble last year with getting their deposits back and then it emerged that deposits should have been protected. One quick email around the firm found that lots of the employees hadn't had their deposits protected, hence the settlements and court cases!

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        #18
        Originally posted by sad_ken View Post
        Since then I have had a letter from the Tenant Deposit Consultants based in Manchester, threatening legal action if I don't pay them some form of compensation. They say they can take me to court and I could be liable for between 1-3 x the deposit + costs. This is based on saying that there has been a breach of the Housing Act 2004 in that the deposit was 'protected outside of the required timescales'.
        Dear Tenant Deposit Consultants

        Thank you for your interesting letter.

        You are not a party to this matter and have no interest in it.

        Should any tenant or part tenant of mine feel that they have not been treated fairly and legally I would be delighted to discuss this with them and ensure that their concerns are addressed properly.

        I suspect that this is simply a speculative attempt to extract money using unsustainable threats of legal action.

        Yours faithfully

        Great Landlord
        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).

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          #19
          How do you know they are not a party?? A "Form of Authority" or similar may have been granted...

          Think jpk that your approach would merely stiffen the resolve of the company or the ex-tenants... it would certainly put my back up...

          We will see... (if sad_ken tells us..)

          sad_ken, suggest you read tenant's reviews before taking jpk's advice...
          http://www.getdepositback.co.uk/#/reviews/4580081960

          Cheers!
          I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

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            #20
            There is no evidence that the LL has done anything wrong.
            Obviously if they have, then they have a problem, regardless of who is writing to them.

            This simply looks like a scam to cause landlords who are unsure to pay a fee when none is due.

            The company has been in existence since last June and looks like one person.
            No doubt there are lots of happy tenants who thought they'd get nothing.

            I'd respond in the same manner to any legal or purportedly legal letter.
            Solicitors have thick skin.
            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).

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              #21
              I would certainly want them to produce proof that they were working on behalf of and with the approval of ex tenant!
              Unshackled by the chains of idle vanity, A modest manatee, that's me

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                #22
                They're about as legitimate as a PPI chaser.

                They offer to get your deposit plus "compensation" and "costs".
                It's a man in an office with a tame solicitor who's allowing them to print letters in their name.

                The absolute worse that can happen even if you are guilty is that you'll have to pay the deposit back and are ordered to pay up to three times the deposit amount
                and "reasonable" costs.
                If you are guilty, give them the deposit back straight away - nothing to do with Tenant Deposit Consultants.
                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


                  #23
                  I agree with your derision (and to those with clipboards asking if anyone has had an accident in the last 6 years!) but not the advice.

                  Since its a different track to the SCC the costs cap is much higher meaning that 'reasonable costs' are more likely to be in the range of £1000-£1500. This is probably 2-3x a deposit in and of itself and then doesnt include that you have to pay that penalty too, plus maybe your own legal costs if you have incurred any.

                  Im not suggesting that innocent LLs are 'scared' into paying, but if you know you are guilty simply paying the deposit back and refusing to deal with anyone except the tennant may turn out very badly indeed.

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                    #24
                    Some T deposit non-protection claims are now being heard in SCC and succeeding
                    At best, all OP has received from deposit consultants is a LBA on behalf of an ex-T miffed at losing his deposit reasonably for damage / rent arrears.
                    If OP has breached any of the deposit protection regs, then negotiate a settlement with T, otherwise wait for poss Court papers and defend.

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                      #25
                      Hi all. Sorry to disappear quite abruptly but was trying to sort the issue so I could update definitively. Anyway...

                      Despite assurances to the contrary our LA revealed that the deposit was registered outside of the permissible timescale.

                      I took advice from a solicitor who said that whilst the LL in this situation is technically liable, the management contract signed in this case would provide right of indemnity against the LA. Other cases may differ so don't treat this as legal advice obviously!

                      LA agreed to deal with the case and settled 1 x deposit via the ex-T's intermediary.

                      I consider it a huge lesson learned and will always check in future that deposits have been registered correctly. Appreciate that it was ultimately my responsibility but glad that the LA admitted to and dealt with what was a significant failure in their process this time.

                      All in all I'd have to concur with posters who said that the problem had to be engaged with (even if I'm not sure if it ever would have gone as far as court - LA obviously thought it might) although good to know there is an element of protection for those who (admittedly naïvely) put their trust in an LA.

                      Thanks to all who posted, much appreciated as it gave me a lot of info when I had none. If anybody wants any more info or more detail on what the solicitor said then feel free to message me.

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