Landlords and secured deposits

[Jaska]

Hi all,

We recently moved out from rented accomodation for hopefully the last time (cheers Sarnie!) but the letting agents seem rather odd about the deposit. They have eventually paid it back in full, but the payment has come directly from their bank rather than from the deposit protection companies which I would expect? I've checked the websites of the 3 companies in question and none of them seem to have proof my deposit was placed in their trust.

I've asked the letting agency twice but they have gone all silent on me.

On the one hand I don't really mind as I got it back in full, but on the other hand it all seems rather dodgy and I'm concerned something might go wrong in the future - Any hints from either current landlords or people who have been in this situation?

[gibbon]

The money could come directly from their account, no issue, as a landlord you can either place the deposit with a secure holding company, or keep the deposit and pay an insurance fee.

They should however be able to give you a policy number / proof of deposit protection.

[Rangeroverover]

As a Landlord you have a choice of deposit schemes

1) you pay over the whole deposit
2) you pay a £20ish fee and keep the deposit money in your own account

with option (2) if you have a dispute and don't pay the deposit Co will take you to court

[Jaska]

There were no disputes or anything, I've got the entire amount sat in my account! Just thought I'd double check. Maybe I should just drop it being as I've got the full amount anyway...

No deposit policy #'s or similar have ever been provided to us - I've just checked back from when we moved in and can't find any relevant emails either. As said I did check the deposit protection websites and they have a search function but couldn't find my deposit...

[Audemars]

Its in the landlords interest to follow the rules regarding the deposit i.e follow the two points mentioned above. If they simply banked the deposit, they would be in a terrible legal position if their tenant decided to stop paying rent.

[Ozzie Osmond]

Audemars said:

Its in the landlords interest to follow the rules regarding the deposit i.e follow the two points mentioned above. If they simply banked the deposit, they would be in a terrible legal position if their tenant decided to stop paying rent.

^^^ This. It's all been tightened up a lot these days regarding the tenant's "deposit". Not worth cutting corners.

[Jaska]

Ok thanks all - Seems quite likely that they've followed the rules but just being lazy in terms of telling me then!

Cheers

[Rangeroverover]

Legally a landlord cannot issue a S21 notice ending the tenancy if the deposit is not protected...............I'm told.......any property lawyers know if this is true or not

[blindspot]

Correct - LL can't issue valid S21 until they return deposit if it was not correctly protected and prescribed information issued.

LL can be fined up to 3X deposit value if it was not protected. As a letting agent, I think you should help the industry improve by reporting abuses and ensuring bad agents/LLs get punished.

[AnimalMother]

Jaska said:

Maybe I should just drop it being as I've got the full amount anyway

Whats to worry about if youve got the money back!!!

[Jaska]

Was only concerned that they might have done things incorrectly and that would result in me having to pay money somehow! Certainly never going to complain if someone has paid me the correct amount of money.

Had a look at the Shelter website and the options seem to be either to sue them over a lengthy 10 step period, or leave it, so no real other option as taking a company to court over something that they may well have followed the correct process for doesn't seem like a brilliant plan