Landlord issue-advice please

[helmutlaang]

Ok,so ex-wife whom I’m still good friends with rents a really nice place but has been looking at moving closer to work.
The landlord lives next door(it is a barn conversation separated into 3).
He is best mates with the letting agent who she rents through.
She informed the LL and agent she was looking to move out at some point and asked the agent to confirm details of her protected deposit.
Agent replied that they had given the deposit straight to the LL and have confirmed this in writing.

She went over and called the LL out on this and apparently he mumbled something about the girl she spoke to being useless and they’ve sacked her.

The letting agent also split with his wife a year ago and is actually living with the LL next door but she says he is keeping a very low profile.

I advised her that they have broken the law and for her to write to them giving them a week to have her deposit in the DPS or call the regulators. Was this the correct advice? If not what is the correct advice?

[AngryPartsBloke]

https://www.gov.uk/deposit-protection-schemes-and-...

You should be given the details of the DPS scheme with your copy of the AST and all the other stuff they have to give you.

[NDA]

Getting immediately heavy might not be the best tactic... I'd favour a letter asking them to confirm that her deposit is being held as the law requires and confirming that she will receive it in full when she leaves.

[helmutlaang]

Cheers have passed on the gov.uk info

She received a letter confirming they had given the deposit straight to the LL and is not in the scheme. So I guess they have shot themselves in the foot with that one!

[superlightr]

helmutlaang said:

Cheers have passed on the gov.uk info

She received a letter confirming they had given the deposit straight to the LL and is not in the scheme. So I guess they have shot themselves in the foot with that one!

? they?

Its the Landlords responsibility to ensure the deposit is protected, its the landlord you would take to court. Even if an agent is used and if they were holding it and didn't protected it its still the Landlord you would take to court. The agent is and agent of the landlord.

Yes if a deposit was taken then it should be protected - upto 3x the deposit as a penalty if not.

[helmutlaang]

superlightr said:

? they?

Its the Landlords responsibility to ensure the deposit is protected, its the landlord you would take to court. Even if an agent is used and if they were holding it and didn't protected it its still the Landlord you would take to court. The agent is and agent of the landlord.

Yes if a deposit was taken then it should be protected - upto 3x the deposit as a penalty if not.

Sorry I meant the agent not the LL as I thought it would have been the agents responsibility to sort that kind of thing so thanks for the info,I’ve passed it on.

That’s certainly enlightened me!

[rgf100]

I'd be inclined to leave it until you're actually leaving. IF the deposit doesn't come back, or there's a dispute, then the failure to put it in the scheme is a very good stick to beat them with. But there's no point in causing hassle now when you might want some goodwill during the notice / moving out period and you still have to live next door to them. Leave the disputes for when you live further away.

Either the agent or the landlord should have had it in a scheme - who actually has the responsibility probably depends on who has the cash.

[hutchst]

First thing to check is whether it is an AST, if it isn't the above advice won't apply.

[AngryPartsBloke]

hutchst said:

First thing to check is whether it is an AST, if it isn't the above advice won't apply.

Unless she is a lodger or has had the agreement since before 1997 than it's an AST, but hte above only applies if it started after Apil 07

[surveyor]

There is an insurance backed scheme where the LL holds the deposit... It's not impossible that it has been done that way.

But I would agree that it is a great stick to make sure you do get the full deposit back at the end.