Tenancy Deposit not protected at my last rental

[MissFM]

Re: Tenancy Deposit not protected at my last rental

It's the Landlord's responsibility to ensure that the deposit is protected and, as I understand it, the LL's vicarious liability, even if the LA acted fraudulently or incompetently. It's hard to see that she could have a valid defence against your claim.

2. Landlord Responsibility

As the Landlord, you are always ultimately responsible for the return of the deposit to the Tenant (including after dispute resolution, if necessary). By law you are still liable for its return even if the Agent is at fault, acts fraudulently or ceases trading.

Warning

If the Tenant’s deposit is not protected, or the ‘Prescribed Information’ is not supplied in full, then you, as the Landlord, face the following penalties, regardless of whether you use a Letting Agent:

• Instructed to pay the Tenant compensation equal to three times the amount of the deposit within 14 days.
• Required to either return the deposit to the tenant, or lodge the full amount with the government authorised custodial scheme.
• You will be unable to issue ‘notice-only grounds’ to regain possession of the property under Section 21 of the Housing Act 1988 until the deposit is protected.

These points are of significant importance. For more information please speak with your Agent directly or read our Scheme Rules. You may also want to enquire if your Agent is a member of any regulatory organisation for Letting Agents and what the benefits are for you, the Landlord.

https://www.mydeposits.co.uk/landlor...using-an-agent

It's up to her to deal with the LA and recover her money from them. Not your problem

[havana]

Re: Tenancy Deposit not protected at my last rental

Thanks I know LL ultimately liable but I still think the LA are not acting legally should I report them to trading standards or to the TPO as they will continue duping people into their "scheme".

[havana]

Re: Tenancy Deposit not protected at my last rental

Can I just ask is there anyone on this site that has actually claimed compensation from aLA or LL and been successful? Or can guide me to any success stories.thanks

[MissFM]

Re: Tenancy Deposit not protected at my last rental

Thanks I know LL ultimately liable but I still think the LA are not acting legally should I report them to trading standards or to the TPO as they will continue duping people into their "scheme".

No reason why not - just don't let it cloud your other issue

Here's how to do it:
Complaints about letting agents - Shelter England

[Crazy council]

Re: Tenancy Deposit not protected at my last rental

I will have a read through this later. i think the points are valid, but am not sure how making the deposit claim after you have moved out affects things, i did see this post the other day and i asked a friend.

The letting agent would be in trouble for that, and all the blaime/claim would be to them. Its defiantly not a wasted complaint,

[havana]

Re: Tenancy Deposit not protected at my last rental

Thanks crazy council can you advise me on the best way to go about it. The LA are definitely in breech aren't they?

[dan_1207]

Re: Tenancy Deposit not protected at my last rental

I act for tenants who sue their landlords all the time, as well as defend landlords who get sued by their tenants.

Moving out does not affect right to sue.

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There is nothing stopping you from suing your landlord and further, reporting the LA. The LL may, if she's advised properly, introduce the LA as a part 20 defendant to get indemnity.

Let me know if you need anything further.