DPS incorrect details

[tpygott]

Hello. We have a deposit with the Deposit Protection Scheme and are students. We have now reached the end of our tenancy and I have noticed a problem. At the beginning of out tenancy one of the tenants dropped out. They were replaced with another tenant, who paid the landlord his deposit and signed the new contract. Here is the problem, logging onto the DPS to view the deposit I have noticed that the previous and not the new tenant is listed. I have contacted the DPS and they have said it is the landlords responsibility to change the details. My questions are:

1) Can I still distribute the deposit to the new tenant despite the previous one being listed? (My guess is I can only send the money to the previous tenants listed address).

2) Would I be potentially able to sue as the landlord has not his part by updating the scheme. Maybe on the basis that (I think - need to confirm) the new tenant wasn't given any information regarding the DPS (as his details weren't added to the scheme).

 

Any help much appreciated!

[mariner51]

Did the previous T receive his share of the deposit back when he moved out? If yes I doubt he has any further interest.

 

If yes, and LL repays deposit held in scheme, less any chargeable damages, I think you could share out the deposit when received.

[tpygott]

Hi mariner, yes the previous T received their deposit back. The new T paid the deposit by cheque, but as previously mentioned, his details were not changed on the DPS system. Does this count as his deposit not being in the DPS scheme or maybe that he wouldn't have been sent an email regarding it - hence he was not told the details within 14 days?

[mariner51]

Does new T have his own AST or was he added to a Joint Agreement.

Tech a new AST should have been issued to all joint Ts, all deposits repaid and new ones required.

A new AST means the LL could have increased the rent and required higher deposits for all signatories.

You all may have benefited from LLs slackness.

Full deposit is protected. If concerned, it should be a simple job to get the name changed with scheme, or is new T/others planning to shaf* LL for non-compliance?

[The Carpet Cleaners]

or is new T/others planning to shaf* LL for non-compliance?

this would not be advisable, as it will only induce the LL to issue section 21 and seek to get you all out....

 

Personally I would just keep the status quo.....

[Ed999]

Hi mariner, yes the previous T received their deposit back. The new T paid the deposit by cheque, but as previously mentioned, his details were not changed on the DPS system. Does this count as his deposit not being in the DPS scheme or maybe that he wouldn't have been sent an email regarding it - hence he was not told the details within 14 days?

 

 

It's quite difficult to understand your problem. The original tenant paid a deposit, but was paid it back. The new tenant then paid a deposit, by way of replacement, so that all the current tenants have contributed to the deposit.

 

It's really hard to see what's delaying you from giving each of the current tenants his deposit back, if the tenancy has now ended.

 

If you are planning to shaft the landlord, forget it. It's currently virtually impossible to succeed in a claim under section 214 of the 2004 Act once the tenancy has ended, due to recent court decisions.

 

From the details you've given I can't even tell if you actually are a tenant, or if you are whether you actually have an assured tenancy. Student lettings are disqualified from being assured tenancies in some cases. Shared lettings can sometimes not be tenancies at all. Unless you have an assured shorthold tenancy you have no legal rights under the tenancy deposit scheme.

Edited July 30, 2011 by Ed999

[tpygott]

Hi all, thank you for your reply.

 

It is correct that we have all contributed to the DPS scheme that we are in. However, we kept the same scheme and it was not updated. Hence when I try to repay the deposit it gives me the option to repay it to the previous and not the current tennent.

 

For clairty I am one of the tennents and the tennency has now ended.

 

This problem has only arisen now as we are currently disputing the charges and it has only been noticed. The DPS have informed me that it is the LL responisibility to keep the deposit up to date, which clearly he has not. This is also written in their terms and conditions.

 

This really is a last resort and nobody wants to sh*ft their LL as it is alot of effort and has an unpredictable outcome and I am not of the nature to go around suing people! However, the LL is currently taking advantage of our naivety (as it is our first student let) and trying to charge us for silly things. Hence I wish to use this DPS issue to enforce our case.

 

I am afraid I do not know whether it is an assured tennency, all I know is that we have our deposits through the Deposit Protection Scheme and aside from that it is a standard student contract. Is there an easy way to find out? Sorry for my lack of knowledge! Thanks

[mariner51]

IMO it is a minor oversight by LL and easy to fix by LL. (he can access the account & change name & address to new T)

By all means dispute/negotiate the charges using free ADR if LL agrees. If ADR used, scheme should release the undisputed amount and only retain the disputed amount until decided. If LL declines ADR your only route for recovery is SCC.