Unprotected tenancy deposit
Discussion
I rent a posh flat from an upmarket firm of greedy cowboys.
They've pocketed my deposit (£2475) rather than protect it via the prescribed schemes.
We'll be leaving the flat soon.
Should I take advantage of this situation and earn a nice compensatory payout (100-300% of the deposit) ?
Or should I just 'man up' and ignore this golden opportunity to skin a rogue agent for breaching my rights? (and, of course, breaking the law).
They've pocketed my deposit (£2475) rather than protect it via the prescribed schemes.
We'll be leaving the flat soon.
Should I take advantage of this situation and earn a nice compensatory payout (100-300% of the deposit) ?
Or should I just 'man up' and ignore this golden opportunity to skin a rogue agent for breaching my rights? (and, of course, breaking the law).
Edited by joyless lobotomised parrot on Wednesday 4th April 15:29
Do the cowboys own the property, or just manage it? If the latter, you're going to be suing the landlord anyway, so potentially a nice bloke loses out because he trusted a spiv with a fat tie.
I wouldn't sue reflexively, but definitely hold as a trump card for arguments. Damn shame there isn't a tenant/landlord/agent feedback site
I wouldn't sue reflexively, but definitely hold as a trump card for arguments. Damn shame there isn't a tenant/landlord/agent feedback site
They're a hard-nosed crowd who also own the place (tho' do their best to avoid disclosing that) who've not done any of the small running repairs requested in the 5 months we've been here. Don't get the feeling of much respect for their clients and haven't the slightest doubt what they'd do in the reverse situation. So......
SUE IT IS!!
SUE IT IS!!
joyless lobotomised parrot said:
They've pocketed my deposit (£2475) rather than protect it via the proscribed schemes.
Firstly it is prescribed, proscribed is the opposite meaning Pocketed makes it sound like they have no intention of paying it back, in which case exploring the legal angle is definitely your come back. If your landord is as hard nosed as you say it seems odd to leave themselves open to this compo earner.
I understand the reason behind the deposit scheme, but in the end the costs get passed back to the tennant so it also has a downside, except for the companies making some money by charging to hold the deposits of course.
kiethton said:
I'd only be tempted to progress things should they attempt to try and withhold any element of the deposit.....
I wouldn't after my last letttings experience - they know what they are doing (or were meant to have done).Straight to solicitor who will hopefully settle with them .. 2x + they pay solicitor costs would suffice.
Toltec said:
Firstly it is prescribed, proscribed is the opposite meaning
Pocketed makes it sound like they have no intention of paying it back, in which case exploring the legal angle is definitely your come back. If your landord is as hard nosed as you say it seems odd to leave themselves open to this compo earner.
I understand the reason behind the deposit scheme, but in the end the costs get passed back to the tennant so it also has a downside, except for the companies making some money by charging to hold the deposits of course.
Thanks for the spelling heads up. Altered now.Pocketed makes it sound like they have no intention of paying it back, in which case exploring the legal angle is definitely your come back. If your landord is as hard nosed as you say it seems odd to leave themselves open to this compo earner.
I understand the reason behind the deposit scheme, but in the end the costs get passed back to the tennant so it also has a downside, except for the companies making some money by charging to hold the deposits of course.
'Pocketed' means they have pocketed it as opposed to protecting it. They aren't up to speed on letting agent regulatory legislation. No landlord registration details on adverts. No prescribed certification given to tenant on entry. Don't understand the time limitations on pat testing. No accreditation noted on paperwork. Apparently unfamiliar on tenants' rights in respect of 'peaceful enjoyment'. Etc etc. Shower of very experienced amateurs. They'd be eaten for breakfast lunch and dinner if they tried operating at the lower economic tenancy levels.
BTW 'tenant' only has two 'n's.
Edited by joyless lobotomised parrot on Wednesday 4th April 16:35
superlightr said:
As a letting agent I would say pursue this. Cowboys should not be in business.
So, first off I would ask them for a copy of the deposit registration certificate and see what they say/provide.
When did you move in and what documents did they give you?
gently gently catchy monkey.
Private landlord here +1 on catching them with their pants down, but tread carefully!So, first off I would ask them for a copy of the deposit registration certificate and see what they say/provide.
When did you move in and what documents did they give you?
gently gently catchy monkey.
On departure day (planned as 30/4/18) my brief will phone the agency to get the details of the deposit, starting with which deposit scheme it's with.
There only are 3 in Scotland and I phoned them all today. They have never heard of me/my tenancy.
The brief will then start the process of complaint report to the Housing and Property Chamber. The complaint will be withdrawn if a satisfactory offer is made prior to the H&PC decision which will be a compensatory payment of between 100 and 300% of the deposited amount, plus, of course, the deposit returned in full.
And that's about it, really.
There only are 3 in Scotland and I phoned them all today. They have never heard of me/my tenancy.
The brief will then start the process of complaint report to the Housing and Property Chamber. The complaint will be withdrawn if a satisfactory offer is made prior to the H&PC decision which will be a compensatory payment of between 100 and 300% of the deposited amount, plus, of course, the deposit returned in full.
And that's about it, really.
joyless lobotomised parrot said:
Toltec said:
Firstly it is prescribed, proscribed is the opposite meaning
Pocketed makes it sound like they have no intention of paying it back, in which case exploring the legal angle is definitely your come back. If your landord is as hard nosed as you say it seems odd to leave themselves open to this compo earner.
I understand the reason behind the deposit scheme, but in the end the costs get passed back to the tennant so it also has a downside, except for the companies making some money by charging to hold the deposits of course.
Thanks for the spelling heads up. Altered now.Pocketed makes it sound like they have no intention of paying it back, in which case exploring the legal angle is definitely your come back. If your landord is as hard nosed as you say it seems odd to leave themselves open to this compo earner.
I understand the reason behind the deposit scheme, but in the end the costs get passed back to the tennant so it also has a downside, except for the companies making some money by charging to hold the deposits of course.
'Pocketed' means they have pocketed it as opposed to protecting it. They aren't up to speed on letting agent regulatory legislation. No landlord registration details on adverts. No prescribed certification given to tenant on entry. Don't understand the time limitations on pat testing. No accreditation noted on paperwork. Apparently unfamiliar on tenants' rights in respect of 'peaceful enjoyment'. Etc etc. Shower of very experienced amateurs. They'd be eaten for breakfast lunch and dinner if they tried operating at the lower economic tenancy levels.
BTW 'tenant' only has two 'n's.
Edited by joyless lobotomised parrot on Wednesday 4th April 16:35
Sounds like they deserve what they get, it isn't that difficult, we let a house and have had the same private tenants for five years, though the letting agent sometimes gets small things wrong.
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