deposit protected in wrong names

[c_merengo]

Hello,

 

I'm aware that if a landlord has failed to protect a deposit, or failed to provide details, they are liable for certain penalties.

 

Our situation is that:

-our deposit is registered as being protected with mydeposits starting August 2010

-since August 2010 the tenancy has been renewed several times

-some tenants have been replaced at various times with other tenants since Aug 2010

-when the tenancy was renewed, and some tenants replaced, new tenants were simply told to pay their deposits to outgoing tenants, who signed a letter saying this had been done

-we received no updated paperwork from mydeposits (with updated names) when tenants were replaced

-we are now about to all move out and end the tenancy (31 Jan)

 

The names on the mydeposits paperwork we have are:

-A, listed as lead tenant, who moved out over a year ago

-B, who moved out over a year ago

-C, myself, still resident and about to leave

-D, still resident and about to leave

-E, who moved out over a year ago

-F, who moved out over a year ago

 

The letting agents are well aware that some of the tenants have changed; we have not kept it secret from them and each time a renewal contract was signed it had the correct names on.

 

My question: do any of the penalties that would apply if the deposit were unprotected apply in this situation?

 

(Obviously we wouldn't just take them to court for the sake of it, but we would be interested in it as a bargaining chip to use if necessary to protect ourselves from spurious deposit deductions).

 

Thanks very much for any help/advice!

[raydetinu]

The coorect procedure is when you move out you have to claim YOUR deposit from the scheme.

So if it is protected in your name, no problem; this will trigger any claim from the LL re deductions, and if you agrre you will get deposit back, if there is a dispute over deductions then they should still return any amount not in dispute. you can use the ADS dispute resolution yo sort out claim or you can take LL to court.

I am assuming this is a house which is shared? i.e.joint tenancy! however the deposit can only be protected in one persons name ( lead tenant ).

The deposit can only be returned when the tenancy ends, for all of you. A new agreement has to be signed for those wishing to stay.

To take LL to court for non-protection can be expensive though the fast track county court. any compensation is decided by judge.

[my|deposits]

It depends on whether you have actually signed a new tenancy agreement. It sounds like outgoing tenants may just have signed what is known as a deed of assignment, which basically says that the tenants have changed.

 

However, your landlord or letting agent should inform us of any changes to the names of tenants registered at the address and when it comes to the return of the deposit we can only deal with the lead tenant, who seems to have since moved on.

 

We will need to update the tenancy information so please contact a my|deposits adviser on 0844 980 0290 to discuss the matter.

 

We also have guidance on our website about deposits for joint and several tenancy agreements, which may also be useful. Unfortunately I cannot post links yet so please visit mydeposits.co.uk and visit the tenant's guide section.

[raydetinu]

thaks my deposits for clarification.

I dont think LL or agents realise that any changes must be registered with yourselves and up dated.

[c_merengo]

Thanks for your help so far.

 

There may be a slight misunderstanding - the wrong names being on the deposit is not too much of a problem for us, because we are still in touch with the lead tenant and they would still be able to represent us if necessary.

 

What I am trying to determine is whether this irregularity can be used to prevent the landlord from making spurious deductions - ie whether it creates a legal context in which the landlord is forced to give us our full deposits back. This would be the case, for instance, if the deposit had not been protected.

 

Some extra information:

-In August 2007, August 2008, August 2009 and August 2010 we signed yearly ASTs. Each time it was drawn up as a new contract. Some names changed each time but also some continuity.

-Each time we were charged a fee to "re-protect" our deposit but I don't remember whether or not we were given any paperwork to prove that our deposit was protected.

-In August 2011 we signed a 6 month AST.

-In February 2012 we signed an "extension agreement" to the 6 month AST. We had already informed the letting agents that 2 tenants (including A) were being replaced. However, the agreement they sent us still had the old names on. We amended it to the correct names, signed it, and returned it, drawing their attention to the amended names. Once again they charged a fee to "reprotect" the deposit.

 

Now:

-Mydeposits website has our deposit listed as "being paid" in August 2010, and in the name of "A", a tenant who was replaced when the extension agreement was signed.

-The only paperwork I can find in our records folder is an undated declaration with the names A/B/C/D/E/F, signing to say that A can represent us in decisions regarding the deposit, and listing mydeposits contact details. I suspect it dates from either Aug 2010 or Aug 2009. Hence my assumption that the deposit is being held in those names.

 

Hope this helps to clarify things; if anyone knows the answer to my specific question that would be really helpful! Thanks.

[raydetinu]

I doubt it would help you, if LL updates the records held with DPS.

Any claim for non-protection or notification would be protracted anyway through the courts and would require a lot of up front costs from yourselves, so unless you are willing to actually go this route it would be counter productive.

Best to rely on the scheme to decide on any spurious claims from thje LL and you always have the option to take LL to court for deposit anyway thriugh SCC which is a lot easier.