Deposit scheme £ mistake?

Deposit scheme £ mistake?

15:42 PM, 24th November 2020, About A year ago 9

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I have a property that was let in 2009 via an agent. The agent gave me the deposit and the 1st month’s rent.  I didn’t know that the deposit should have been protected in an account at the time.

Then in 2015 the agent said that he will deposit £675 in a government scheme.

The tent now has vacated in October and she wants compensation.

We offered £1050.00 as it was our mistake. However, she has refused and is asking for £1975 or to go to court.

Any advice?

Pradip



Comments

by Neil Patterson

15:44 PM, 24th November 2020, About A year ago

Yep she is asking for just under 3 times the deposit plus I am assuming the deposit, which is the maximum you can be fined in court.

by David

16:48 PM, 24th November 2020, About A year ago

The tenancy from 2009 will be out of time on the statute of limitations, but if there were renewals of the tenancy within the last 6 years where the deposit was not properly protected, she could claim against those. Why did the agent protect £675 in 2015? Did he take a second deposit? Did you pay it back to him? Is that the same figure as the original deposit?

by Dave Stanger

10:59 AM, 25th November 2020, About A year ago

exactly why I stopped taking any sort of deposit after my first dispute hit the rocks.....too much grief

by Pradip Thaker

11:31 AM, 25th November 2020, About A year ago

Reply to the comment left by Neil Patterson at 24/11/2020 - 15:44
Her reply was '' will be lesser because will save us court and legal fees ''
Take it or see you in court.
It was a rolling contract and i assume the then agent realised and informed me. So instead of that months rent opened a TDS account.

by Pradip Thaker

11:38 AM, 25th November 2020, About A year ago

Reply to the comment left by David at 24/11/2020 - 16:48
David it was a rolling contract the agent realised in and placed the deposit on 24 /12/2014 she vacated on 30/ 9/2020.
No he didn't pay me that months rent and placed in the TDS..
The deposit was returned to her in full 12/10/2020

by David

12:33 PM, 25th November 2020, About A year ago

You should get some legal advice from a specialist housing solicitor, but it looks to me as though any claim would be time-barred. If the agent protected a deposit in 2014, (not 2015) as you originally stated, do you know whether he also served the tenant with the Prescribed Information? I'm guessing not. I'm not clear whether the date of protection would be considered by a court as a relevant date or whether the fact that the protection relates to earlier tenancies would preclude that. Either way, if the tenant doesn't file a claim by 24 of next month, even that would be out of time.

by Pradip Thaker

12:56 PM, 25th November 2020, About A year ago

Reply to the comment left by David at 25/11/2020 - 12:33
David Appoliges
Thank you David for your time and helpful advice
It was 24/12 /2014
I don't think he would have given any paperwork to the tent re deposit scheme.
But if she waits till 24th dec and lodges the complain surely she has written to me and given me a choice so would that not be considered as starting the negotiations and was waiting for my response.

by David

16:22 PM, 25th November 2020, About A year ago

I'm afraid I don't have enough experience to know that, but I do know that making the claim is not a simple process. Unless she goes to a no win no fee solicitor she will have to shell out some initial fees and get her head around the court requirements.

by Prakash Tanna

8:03 AM, 28th November 2020, About A year ago

The law required any deposits taken to be protected from 6th April 2007. The agent should have advised you of your obligations at the time the deposit was transferred to you. The law is very clear and can penalise you from 1 to 3 times the value of the deposit for failing to protect it within 30 days of the tenant paying it (to you or the agent). It's down to the judge as to what harm was done and what level or penalty to award. I would assess the circumstance around why she wants nearly £2k and why did the agent later on in 2015 protect £675? Was a new contract issued and is that the deposit at that time. If the deposit for the existing contract has been protected correctly the tenant may struggle to make a claim against and get an award from the courts. Personally, I would fight it, subject to all the history etc. Just depends on your level of competence in these matters or whether you would have to hire a Solicitor and what that would cost. At least call their bluff and respond with a formal letter. If you need further assistance get in touch at info@TannaProperty.com


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