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Oct, 2014

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  1. #1

    Default Failure to register tenant's deposit with deposit proection scheme

    I have just discovered that the letting agent whom I paid £35 to registerd my previous tenant's deposit is not registered with either Tenant Deposit Scheme or My Deposits.co.uk, both of whom at one stage or other they should have. As they disengaged themselves from managing the property as of last week, they are now saying they have archived my file (which they have a legal obligation to retain for 4 years) and are unwilling to spend any time on the matter. This is from a letting agent which attempted to allow tenants to move into my property without first showing evidence to me of credit checks and providing me with requested information, and also moving my tenant of the time out the property in unnecessary haste.

    Upon disinstructing themselves, they paid the tenant's deposit to me and I wish to seek advice from the free disputes resolution service for which I paid and to which I and the tenant should have a right. If they are being so intrasigent, should I remind them of their professional and legal obligations in the form of a letter from my solicitor?

  2. #2
    Join Date
    Oct 2006
    Posts
    7,345

    Default

    Quote Originally Posted by Pipsweak View Post
    I have just discovered that the letting agent whom I paid £35 to registerd my previous tenant's deposit is not registered with either Tenant Deposit Scheme or My Deposits.co.uk, both of whom at one stage or other they should have. As they disengaged themselves from managing the property as of last week, they are now saying they have archived my file (which they have a legal obligation to retain for 4 years) and are unwilling to spend any time on the matter. This is from a letting agent which attempted to allow tenants to move into my property without first showing evidence to me of credit checks and providing me with requested information, and also moving my tenant of the time out the property in unnecessary haste.

    Upon disinstructing themselves, they paid the tenant's deposit to me and I wish to seek advice from the free disputes resolution service for which I paid and to which I and the tenant should have a right. If they are being so intrasigent, should I remind them of their professional and legal obligations in the form of a letter from my solicitor?
    So they have retiurned the deposit without a song and dance, and you are complaining?

    Can't you lodge it yourself with the Deposit Protection Service for free, and then sue them for the £35 back?
    Last edited by thesaint; 16-04-2010 at 15:16 PM. Reason: Wrong scheme

  3. #3
    Join Date
    Jul 2008
    Location
    help@tenancyservices.co.uk
    Posts
    15,862

    Default

    I agree with the solution offered by 'thesaint' but totally understand your concerns about the behaviour of your former agent.

    I suggest you write a 'letter before action' to the agent, giving them 14 days to refund your £35 and provide the information you want from their files. Make it clear that you will be taking the matter to the court if they don't comply - not only for the £35, but also for breach of contract (an implied factor in every contract is that the parties will act within the law) and some form of damages in respect of their actions leaving you open to legal action from your tenant.

    None of the above would be worth doing if they call your bluff, damages would be minimal and would the paperwork and an afternoon in court really be worth it for £35?

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