DPS Removed by letting agent, now no evidence of deposit

[slightsaver]

Hi everyone,

 

I am looking for some guidance on an issue we may have upcoming and would like to go into the situation prepared.

 

We moved into a property in Dec 2009 via a letting agent on a assured shorthold tenancy for 6 months, the deposit was protected in a DPS via the letting agent and we received timely confirmation of this.

 

Prior to the 6 month review, we were asked by the letting agent to release the deposit we provided the letting agent with the letters we had from the DPS and the letting agent used this to release the deposit, their reason for this is that the landlord wanted to store the deposit in his own DPS instead.

 

We then signed a new AST for 6 months, and after that we have been on a statutory periodic tenancy.

 

A year ago we got a cat, as we were told the landlord accepted small pets, although when we told the letting agent they wanted an extra £200 adding to the deposit, we explained we were unwilling to do this unless they were able to prove that our deposit was within a DPS , they tried to contact the landlord but a few days later we were told via the letting agent that they couldn't get the proof from the landlord, and not for us to worry because if they hadn't put it into a DPS we would get 3x the amount, but in any case they said they would not pursue us for the extra £200 for the cat.

 

What I'm wondering is if the deposit is not in a scheme (as we signed a new AST AFTER the deposit had been renewed) can the landlord use the initial dps letter to prove it was in such a scheme? We're less concerned about the 3x the deposit but if the deposit is not in a scheme we do not want any undue hassle getting our deposit back.

 

Thank you in advance for all your advice.

[mariner51]

Contact the original DPS sheme to see when the initial deposit was released to LL.

Do you still have the correspondance requesting early release?

A protected deposit should not be released to either LL or T, before tenancy legally terminated. However it can be transferred to another Approved Scheme.

Also check with the 3 approved schemes, that a subsequent deposit was not received for your new AST.

If LL did protect it in another Approved scheme, either before or after your 2nd new AST, then he should have provided the prescribed info for the new scheme, about 14 pages.

Your 2nd AST commenced before 5 Apr 12 and is continuing? as SPT?

As such the LL the May 12 deadline has passed for LL to protect it, the effect being that he cannot issue a valid s21 Notice unless he first returns your deposit in full (Localism Act). s8 is unaffected by this rule, as is Ts NTQ, nor can you demand it is repaid during your T.

We cannot say you will not get hassle from such a misinformed LL, but the Law will not be on his side.

The penalty for non-protection is now 1-3x deposit, at Judge's discretion.

[slightsaver]

Hi,

 

Thank you very much for your response.

 

Yes we still have the original DPS letter, and the letter from our letting agent asking us to remove the DPS from the scheme so the landlord could place it into a scheme of his own.

 

The terminology they use is transfer the deposit directly to the landlord's bond scheme.

 

I have checked online on the 3 schemes checkers and it does not show to be held in any of them for dates within 30 days of the new tenancy commencing.

 

I do have a letter dated 7th June from DPS advising that my deposit has been removed and repaid to the agent/landlord.

 

My 2nd 6 month AST started June 1st 2010 and continued as SPT since then.

 

I hope they haven't screwed me over by doing this. I did ask whether I should comply with this on these forums but stupidly did not take the advice as I wanted to be compliant with the request for the letting agent.

Edited July 22, 2012 by slightsaver

[slightsaver]

Does anyone have any advice what my next steps should be, I intend to move in the next few weeks and would feel much more comfortable if my deposit was in a DPS, the fact it doesn't appear to be in one now suggests the landlord assume's it's his already.

[Pam Dell]

IMO although you're not meant to, if you are still in the property when the next month's rent payment is due don't pay it as you assume the lanlord has kept it already for some reason.