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Tenancy - DPS

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Hi I was renting a property from July 2013 to Jan 2017 and had an agreement directly with the landlord. The landlord was holding my deposit with DPS (Insured scheme) since our tenancy start. Yesterda…
arunsethu Avatar
1m, 1w agoPosted 1 month, 1 week ago
Hi
I was renting a property from July 2013 to Jan 2017 and had an agreement directly with the landlord. The landlord was holding my deposit with DPS (Insured scheme) since our tenancy start. Yesterday during the handover discussion, there was an argument and I suspect a potential dispute. When I checked with DPS today, I was told that my landlord had closed the account in July 2016 and the deposit was no longer with them and that I need to talk to my landlord regarding the same. I am surprised as my landlord never informed me of this. Is it legal to not protect the deposit with DPS without the consent of the tenant especially when it was with DPS for 3 years? Please advise as I am at risk of losing my entire deposit
Regards
arunsethu Avatar
1m, 1w agoPosted 1 month, 1 week ago
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#1
You might not get the right advice here, try Legal Beagles which is a free forum for legal advice.
#2
have you checked the website

Link Do they have your correct details...
#3
Not sure how DPS could allow him to close the account. I would suspect they would be liable. Did you receive a DPS password when you started the lease and handed over the deposit.
We received a letter from DPS with a password etc and when we finished the tenancy both us and the agency had to confirm online the withdrawal of the deposit.
#4
I believe that the landlord can only access deposit mid term of tenancy, if the tenant is in three months rent arrears.

Firstly, what's the potential dispute?

I've worked in the industry for a number of years, in Scotland.
#6
You will not lose your deposit. It's the landlord who could be in hot water if he hasn't protected it. Also the notice he served you could actually be invalid. Do you have an inventory? If not he will struggle to take any money from you.
#7
dirtdigby
You will not lose your deposit. It's the landlord who could be in hot water if he hasn't protected it. Also the notice he served you could actually be invalid. Do you have an inventory? If not he will struggle to take any money from you.


​You may have already lost it (fraudulent withdrawal of deposit from DPS by landlord or landlords agent) You may have to take court action to get it back. This may be difficult if bankruptcy has been declared.
I lost some £x000s when my letting agent stole my tenants deposit. I personally refunded the tenant and 3 years later my letting agent was found guilty on multiple charges. No money was ever recovered.
I would see legal advice and report the theft to the Police ASAP.

Edited By: dothedealnow on Jan 09, 2017 23:54: crap spelling
#8
If he has not protected your deposit and provided you with the prescribed information within 30 days I believe you could take him to court for up to 3 times the deposit amount. I am not sure how he got it back from them as usually landlord and tenant have to agree. I had tenants once who left without paying rent and took all the carpets and I had to get a sworn statutory declaration, provide signed tenancy agreement and provide evidence of non payment to get the deposit back ( this was custodial scheme tho) as my ex tenants failed to respond to dps letter and failed to give forwarding address. It took several months to get it back as I had to write to them at last known address and wait a certain time then get the statutory declaration from a solicitor. I would ring Dps again and ask them how he has managed to get the deposit back without your permission or knowledge.There are some unscrupulous landlords but equally their are some nightmare tenants. Good luck in sorting it tho.
#9
jakeyboy4398
If he has not protected your deposit and provided you with the prescribed information within 30 days I believe you could take him to court for up to 3 times the deposit amount. I am not sure how he got it back from them as usually landlord and tenant have to agree. I had tenants once who left without paying rent and took all the carpets and I had to get a sworn statutory declaration, provide signed tenancy agreement and provide evidence of non payment to get the deposit back ( this was custodial scheme tho) as my ex tenants failed to respond to dps letter and failed to give forwarding address. It took several months to get it back as I had to write to them at last known address and wait a certain time then get the statutory declaration from a solicitor. I would ring Dps again and ask them how he has managed to get the deposit back without your permission or knowledge.There are some unscrupulous landlords but equally their are some nightmare tenants. Good luck in sorting it tho.


​you missed out the teal scum imvho, letting agents.

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