DPS Deposit

[wilsoniho1]

Hi,Please can someone help. I am not even sure if this is posted in the right forum but I cant find any that resemble my issue. I rented a property from Key Lettings in Warrington. After 6 months of a 12 month contract the landlord and letting agent had issues. Mainly been key lettings were charging call out fees for stuff when i hadnt called people out. With my wife been 7 months pregnant I didnt want to get embroiled in this issue with them so asked for my tenancy to be cancelled. The letting agent said if the landlord says its okay then I can. The landlord was fine with it so I moved out. As I moved the landlord advised he had pulled the property from Key Lettings and to return the key to his accountant, which I did. Since then it has come to light that the landlord was meant to give 2 months notice to take his property back so he now owes them 142 quid. Which obviously he wont pay. Because of this they wont release my deposit and even went so far as to suggest to the landlord that they will take the money from my deposit and I chase him for the money! Is that even legal. They are now saying because I didnt give them the keys thats why they are holding my deposit. I need the deposit for a new place as me and my pregnant wife are now living with her mum. Help me please?Thanks in advanceWilsoniho

[cerberusalert]

Moved to the residential lettings forum.

[The Carpet Cleaners]

the letting agent has no say whatsoever in your deposit IF they put it in the DPS.

 

you should have been given the information about the deposit soon after you moved in. you need to get in touch with the DPS YOURSELF and claim back the deposit yourself. NOT the agent. Deposit is between you and LL not the agents.

[wilsoniho1]

the letting agent has no say whatsoever in your deposit IF they put it in the DPS.

 

you should have been given the information about the deposit soon after you moved in. you need to get in touch with the DPS YOURSELF and claim back the deposit yourself. NOT the agent. Deposit is between you and LL not the agents.

 

I spoke to the DPS who have the deposit. They advised me that the letting agency hasnt been in touch to release it. To force their hand I have to issue a statutory declaration form (which will cost me £5) and that means they legally have to respond in 14 days. If they dont I get my deposit back. If they do then it will go to court and they have to prove why they feel they owe the money. Its a nightmare as my wife is 7 months pregnant and baby is due on 22nd may and we dont have a place to live and without my deposit back I cannot afford to pay a deposit on another place. Does anyone know of a way to speed the process up. I just want my money!

[Steve__M]

If the agent is holding the deposit, then the deposit is protected by an insurance-backed scheme. Alternatively, it is with a scheme such as DPS who hold the money, but agent has password (but that sounds unlikely). Have you checked which scheme is being used?

 

The normal scenario is that the *landlord* or agent acting *on behalf* of the landlord wants to withhold the deposit. In this case, tenant would claim via deposit scheme, and if tenant wins, deposit is returned.

 

In this case, you do not have a dispute with the landlord, so the system is not really applicable. And anyway, I suspect it is not a quick solution.

 

Agent is being completely underhand by withholding *your* money because of a dispute between it and the landlord.

 

At the very least, they should return ASAP the deposit minus the £142.

 

The landlord remains responsible for the deposit, though. You should make it clear to the landlord that this is the case, and ask that you not be a victim of his dispute.

 

Personally, I think agent's behaviour should be reported to the deposit protection company and to their trade organisation if they are a member (though if they are the Key Lettings I found on the web, they don't look like they belong to one.

[Steve__M]

Saw your post after I posted my post.

 

They are cutting off your nose to spite their face! Withholding the money from you does not help them get the money for themselves from DPS. And why do they think they can use you as leverage to get money out of the landlord.

 

I understand that the DPS cannot necessarily take your word for it, but did you explain the situation to DPS? i.e. that the agent is seeking to withhold *your* deposit to cover *landlord's* liabilities.

 

Will your landlord help by providing you with a statement saying no rent is owed, and condition of property is fine? I think you need to get your landlord's help on this one if you can.

[wilsoniho1]

Hi Steve,They are just been unreasonable with me. They know that if it goes any further they wont be able to hold the money. The deposit is there to cover the landlord for missing rent and damage. This is neither. I called the DPS and they have said that I need to complete a statutory declaration. One good thing to come out of it, the house is up for rent again (Just through the landlord and not the agent this time) and ive been offered it at a reduced rate and no deposit which is nice of him. But hes got the same issue, he has told key lettings to release my deposit but they wont. He proposed that I pay the 142 out of it and then when I move out he will pay me the 142 back but im a little worried as he lives in Egypt and if he decides not to pay theres nothing I can do! Really stuck, I just want to get my wife comfy before the baby comes!

[Steve__M]

If what he has offered is acceptable for now, then may be worth taking it. But get it in writing.

 

If your landlord is in Egypt *and* has not provided an "address for service" in the UK under Section 48 of the Landlord and Tenant Act 1987, then strictly you don't have to pay him rent until he provides you with such an address. So if the situation is the same when you decide to leave, you can legitimately withhold the

£142 from your final month's rent.

 

Also, if he is holding a deposit and has not yet protected the deposit, then as well as being liable to the 1-3x penalty he cannot issue a valid Section 21 notice if he wants you to leave.