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Tenancy Deposit not in any Scheme

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  • Tenancy Deposit not in any Scheme

    Hi everyone
    I moved into a rented flat, Assured Short Tenancy in April 2010, and have a couple of problems with the agent and landlord. This is the first time I have used a Letting Agent as I rented direct from a landlord previously.

    The first thing the Agent made me sign before he would let me have the keys was a Section 21 Notice dated 15th February 2011. Although I have a 12 tenancy agreement, he says I must confirm to him in writing before 15th February 2011 whether or not I will be taking a new 12month lease, if I do not he will issue the Section 21 Notice on that date. Is this right and legal. He has never given me an inventory and he did not do one when the last tenant moved, he actually asked the tenant to do one and drop it in the office. Should I have to give him 2 months notice if I wish to renew my contract or If I should wish to move.

    I have found that the Agent has not put my Deposit in a Tenancy Deposit Scheme and he says the Landord will not allow it as it costs about £90 to do so.
    I have found out from the previous tenant that he did not protect his deposit either and when he moved, the Agent the Agent took £300 from his deposit for cleaning the flat but the cleaning was never done. When the tenant said he wanted the £300 back the Agent threatened to use his barrister to sue him. The Agent has very posh offices but he appears not to be a member of professional bodies such as Arla. I have checked his website and it shows nothing.

    What is the best way for me to protect my deposit. I do not wish to stay here with this Agent and Landlord. Should I with hold my last month's rent anyway.
    Any advice welcome
    Loring
    Tags: None

  • #2
    Re: Tenancy Deposit not in any Scheme

    This answers your question re Section 21:

    Section 21 Notice To Quit

    As regards the deposit, is there (I'm no expert in this area at all) any way you could tell your landlord that as you're leaving and your deposit has not been placed in a Tenancy Deposit Scheme you will keep the amount of your deposit from your last months rent then they can keep your deposit. This may of course still leave you out of pocket, in which case we need to reconsider.

    Make sure you get photographic evidence of the state of the flat / house as you leave it in case any unfounded allegations are made against you regarding the state of the property. Make sure you capture every room.

    Comment


    • #3
      Re: Tenancy Deposit not in any Scheme

      i believe that the agenthas committed an offence. AFAIK all deposits have to be placed in deposit guarantree scheme see link below but at east one is free. RLA : Tenancy Deposit Scheme: The Options Available

      I'd report the agent to trading standards .

      Comment


      • #4
        Re: Tenancy Deposit not in any Scheme

        When friends rented in london their landlord refused to refund the deposit also (common occurence).
        I would suggest that you withhold an amount of rent equal to the value of the deposit just to be certain and at least then you are not "out of pocket"

        Comment

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