Letting agent did not protect deposit (Tenancy now ended)

[nefikan]

We have just moved out of a property after 27 months.We initially had a 12 month contract from May 09 to May 10 then renewed for an additional 12 months to May 10. We then extended by 3 months (as we were relocating) taking us to August 11.On moving out of the property (21st August) the letting agent confirmed that he had never seen a property left in such good conditon, especially after the amount of time we had been there (not just 12 months) and that we'd get our full deposit back.Since then we have had trouble actually getting the deposit. It's always something that will be done "tomorrow"!The latest excuse from the letting agency is that they are waiting for it to come back from the protection scheme. I smelled a rat.I contacted DPS (Who it was supposed to be protected with) who confirmed that it had in fact never been protected with them. They told me an entry was created online for the deposit protection with them in May 2010 however it was cancelled in July 2010 as the money was never actually sent to them (and it hasn't been protected since).We still haven't got the money back.How should we proceed? If we confront the letting agent with this, I'm sure we will get the full deposit (£800) back very quickly however I'm aware that as they have broken the law by doing this, a court could force them to pay 3 x that amount.Any advice would be greatly received.

[mariner51]

The T has ended. Current case law suggests 3x penalty cannot be claimed after end of T. Opinion is any 3x claim cannot be in SCC so will cost you a lot to pursue. Did LA/LL provide you with 'reqd deposit info' during T?

[nefikan]

Sorry, I'm not 100% familiar with all this at the moment...what is SCC?The Letting Agent provided us with details saying the deposit WAS protected (in the letting agreement)...said it was protected with DPS but as stated above, they started a "file" but didn't actually send the money so DPS cancelled it (therefore it was never protected).

[The Carpet Cleaners]

SCC is Small Claims Court,

and Mariner meant that did you receive any paperwork stating that your deposit was actually protected?

 

And as he says if the agent will get you the full deposit back then go that route, you are not likely to succeed in the courts for 3x

[nefikan]

As stated yes, the agent DID provide information telling us the deposit WAS protected when in fact it wasn't.We are still persuing the agent for the deposit.

[Snorkerz]

The key thing to remember is that your contract is with the LANDLORD. Although it is possible to sue the landlords agent in cases like this, the main responsibility lies with the landlord. With regard to claiming 3x - see here: http://tenancyanswers.ucoz.com/index/section_214_claims/0-45