Shelter’s Income and expenditure figures highlighted13:57 PM, 4th February 2019
About 3 weeks ago 35
Good Day All.
I have several deposits lodged with the DPS. My girlfriend is about to rent out her flat, and although her name will be on the AST, she will receive rent and be the landlord from the legal standpoint, it makes sense for me to be the acting landlord in terms of actually running the tenancy. In effect, an unpaid agent.
Can I lodge the deposit in my DPS account?
The DPS operative explained, with admiral and refreshing honesty, that he didn’t know the legal requirement, and that it didn’t make any practical difference to the DPS whose deposit it was, as long as there was proof that a protected deposit was associated with a specified tenancy.
This is what I thought, as I also look after my parents’ house as unpaid acting landlord/agent, as they live abroad.
I then asked the NLA helpline, and the opinion is that I’m in the wrong, and since the legal owner of the property is the landlord, the landlord/owner must have a deposit scheme account.
I’m surprised at this, since I’ve had letting agents lodge deposits in their name for my flats, one managed and one tenant-find only.
Did these agents have some legal standing as agents, thus allowing them to do this, which I don’t have as an “unofficial” unpaid agent?
What does the membership think?
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