Landlords - deposit advice required

[garycat]

Hi,

We are currently renting, having moved in in Aug 2008. Now I was under the impression that our landlord legally had to put our deposit in the DPS ( http://www.direct.gov.uk/en/TenancyDeposit/index.h... ) but when we contacted them they say that the deposit is held with their solicitor. Is it legal for a solicitor to hold the deposit?

G.

[LDNrevs]

garycat said:

Hi,

We are currently renting, having moved in in Aug 2008. Now I was under the impression that our landlord legally had to put our deposit in the DPS ( http://www.direct.gov.uk/en/TenancyDeposit/index.h... ) but when we contacted them they say that the deposit is held with their solicitor. Is it legal for a solicitor to hold the deposit?

G.

It should be put with the DPS; no question.

[randomman]

Unless the solicitor is running a recognised DPS then they are in the wrong.

You are entitled to 3 times the amount back BUT you may need to go through the courts to get it.

[eldar]

BAHN-STORMA said:

garycat said:

Is it legal for a solicitor to hold the deposit?

As long as the correct steps are followed, the landlord can still hold the actual deposit themselves if they choose to.

True, costs around £90 a year to register, so not worth it unless you are holding a lot of deposits.

Just a scheme to invent jobs and paperwork, and letting the gov borrow the deposits at 0% interest.

[Dr_Gonzo]

It needs to be held in the DPS or by a recognised insurance backed scheme. Just 'being held by a solicitor' is not good enough. If that's what your landlord has done you're entitled to 3 times the deposit as compensation. You'll have to go through the courts but it's probably worth doing as, if the despoit is held incorrectly it should be a pretty simple case.

[The Tea Boy]

BAHN-STORMA said:

garycat said:

Is it legal for a solicitor to hold the deposit?

Possibly, the schemes operate in a variety of ways - however, the deposit and details would still need to recorded centrally under one of the approved mechanisms. As long as the correct steps are followed, the landlord can still hold the actual deposit themselves if they choose to.

[The Tea Boy]

Dr_Gonzo said:

It needs to be held in the DPS or by a recognised insurance backed scheme. Just 'being held by a solicitor' is not good enough. If that's what your landlord has done you're entitled to 3 times the deposit as compensation. You'll have to go through the courts but it's probably worth doing as, if the despoit is held incorrectly it should be a pretty simple case.

Plus the landlord is also in breech of your contract and you may also be able to claim for any rent that you have paid, although this would be a seperate case.

Matt