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Sep, 2014

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  1. #1

    Default Confirmation of Deposit Protection

    I've only just received my deposit protection certificate from LA. I've been in my property for over 12 months and this is the first I have seen it. I only received it as I asked the LA to send it to me as I am about to move out. It doesn’t have my signature or the landlords on it for confirmation of deposit protection. Is my deposit still protected? Is this legal? I found the following on one of the deposit protection websites: "Your Landlord/Agent will sign the Deposit Protection Certificate and ask you to countersign it to confirm that the details are correct. They will keep a copy of the Certificate and pass a copy to you as proof of protection." I never countersigned and nor did I receive a copy until today. How do I find out the day that the deposit was made to ensure that it was done in the required 14 days, there is no indication on the certificate?

  2. #2
    Join Date
    Jul 2006
    Location
    Bolton, UK
    Posts
    536

    Default

    You need to ring the particular deposit scheme in question and ask.

  3. #3

    Default

    What about these questions:
    I've only just received my deposit protection certificate from LA. I've been in my property for over 12 months and this is the first I have seen it. I only received it as I asked the LA to send it to me as I am about to move out. It doesn’t have my signature or the landlords on it for confirmation of deposit protection. Is my deposit still protected? Is this legal?

  4. #4
    Join Date
    Sep 2006
    Location
    Sheffield
    Posts
    39,409

    Default

    Quote Originally Posted by Dave111 View Post
    What about these questions:
    I've only just received my deposit protection certificate from LA. I've been in my property for over 12 months and this is the first I have seen it. I only received it as I asked the LA to send it to me as I am about to move out. It doesn’t have my signature or the landlords on it for confirmation of deposit protection. Is my deposit still protected? Is this legal?
    Obviously, we cannot tell. Why not ask the deposit-holding company?
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

  5. #5
    Join Date
    Feb 2007
    Location
    London, UK
    Posts
    875

    Default

    Does your Certificate of Registration have a Tenancy UID code? If it does, then you can go online at www.thedisputeservice.co.uk and check your account. This applies to the TDS.
    ASSUME NOTHING - QUESTION EVERYTHING!

  6. #6

    Default

    There is no UID code on the certificate, there is however a Certificate number. I used this number to check on the website: www.thedisputeservice.co.uk . My initial query though is does the LL or LA have an obligation to provide me with this certificate within 14 days of me starting a lease (in my case the LA only provided this certificate after I complained that I hadnt received, this was 14 months after start of tenancy). Also this certificate doesn’t have my signature on it although it has space for the tenant signature, does this also mean that the agreement is not reached as I havent signed it? Now the certificate states 2 things that I am interested to pursue, it states: "Part 1 - Confirmation of Deposit Protection. This is the official confirmation that the deposit has been protected by a government authorised tenancy deposit protection scheme. It also contains most of the information about the protection of the deposit which the landlord or agent is required by law to make available to the tenant." Neither the LL or agent made anything available to me re the scheme. Additionally the certificate states "Important instructions: The landlord/agent is legally bound to pass a copy of the whole of the document to the tenant, together with a copy of the Tenancy Deposit Solutions leaflet 'Information for Tenants'. The agent or landlord must sign Part I. It also contains a signature box for the tenant should the tenant wish to exercise their option to sign" I never received a whole document (I have this one page with no parts ii or iii included) nor a leaflet from the LL or agent. The copy of the certificate that I have is not signed by the LL or agent. I was never provided the option to sign. Do I have a case to say that given the LL and agent didn’t follow the correct and stated process that I could claim that my deposit is therefore not fully protected, my rights have been breached and therefore can claim for 3x my deposit.

  7. #7

    Default

    Does anyone have comment on the thread:
    My initial query though is does the LL or LA have an obligation to provide me with this certificate within 14 days of me starting a lease (in my case the LA only provided this certificate after I complained that I hadnt received, this was 14 months after start of tenancy). Also this certificate doesn’t have my signature on it although it has space for the tenant signature, does this also mean that the agreement is not reached as I havent signed it? Now the certificate states 2 things that I am interested to pursue, it states: "Part 1 - Confirmation of Deposit Protection. This is the official confirmation that the deposit has been protected by a government authorised tenancy deposit protection scheme. It also contains most of the information about the protection of the deposit which the landlord or agent is required by law to make available to the tenant." Neither the LL or agent made anything available to me re the scheme. Additionally the certificate states "Important instructions: The landlord/agent is legally bound to pass a copy of the whole of the document to the tenant, together with a copy of the Tenancy Deposit Solutions leaflet 'Information for Tenants'. The agent or landlord must sign Part I. It also contains a signature box for the tenant should the tenant wish to exercise their option to sign" I never received a whole document (I have this one page with no parts ii or iii included) nor a leaflet from the LL or agent. The copy of the certificate that I have is not signed by the LL or agent. I was never provided the option to sign. Do I have a case to say that given the LL and agent didn’t follow the correct and stated process that I could claim that my deposit is therefore not fully protected, my rights have been breached and therefore can claim for 3x my deposit.

  8. #8
    Join Date
    Jul 2006
    Location
    Bolton, UK
    Posts
    536

    Default

    My first comment would be that you shouldnt write a block of text like you have done, it makes it very difficult to read.

    Secondly, you are right, according to the housing act, your deposit should be protected and you should recieve confirmation within 14 days, if you dont then you are entitled to claim back the deposit plus the x3 compensation.

    BUT, we arent aware of any cases yet where this has been tested.

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