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**jen_br** · 2 January 2011, 22:12

Re: Deposit not in any Rent Deposit Scheme

Hello I think your friend is going guns blazing here for no reason... Firstly where does he live England? Or Scotland? the rules are different.

Secondly, the landlord has every right to inspect the property and your friend has every right to be there and they can mutually come to an agreement... or disput.

The agent just cant register debt of defaults just like that so dont worry!

Also, are you sure the other place didn't need cleaning you are going off hearsay and so is your friend-- I have had some property back in canada and my tennants used to not appreciate how expensive it was to get stains or to deep clean a place for a new tennant.

Again why is he so worried unless hes done something wrong-- Trading standards have nothing to do with this!

**jen_br** · 2 January 2011, 22:19

Re: Deposit not in any Rent Deposit Scheme

I think your friend should have discussed an inventory PRIOR to moving in! and how long has he lived there im sure he has had inspections before generally agents inspect 1 x per 4 months.

**loring** · 3 January 2011, 14:18

Re: Deposit not in any Rent Deposit Scheme

Hi jen
thanks for your response. My friend lives in England and I have spoken to him this morning to get you some answers to your queries.
The house did need cleaned when my friend moved in, the agent sent a cleaner to the flat 5 weeks after the guy moved in, a bit late do you not think. It cost the previous tenant £400 ( not hearsay my friend and the previous tenant are friends he seen the letter and cheque sent by the agent to the previous tenant ) and my friend had to do the cleaning free of charge so that he could live in the place. There are no expensive carpets to clean in this flat it is all wooden flooring.
The agent kept promising he would drop the inventory at the flat, yes it is easy to say he should have ensured he had an inventory when he moved in but he was homeless at the time and was paying to have his furniture in storage.
Of course the landlord / agent has a right to inspect the property, but what benchmark is he going to use for the inspection, the previous tenant did not have an inventory either.
My friend has only improved the property at his own expense the agent promised to have works done but after 6 months told my friend the landlord had changed her mind and did not want to spend any money on the property.
The agent has waited till the tenancy has nearly run out before to decide he wants to make a visit, this will be his first visit and he never made a visit during the previous tenancy. I think my friend is justified in his concerns about the agent's motive and how his deposit is being handled and will be handled when he moves.
Have you any views on landlords / agents who deliberately break the law by not having the tenant's deposit placed in a Rent Deposit Scheme as required by the Housing Act. That was the main point point of my original post and I was looking help in finding the correct method to address this issue.
Thanks
loring

**Never-In-Doubt** · 4 January 2011, 07:12

Re: Deposit not in any Rent Deposit Scheme

Hi

By Law, Landlords and Agents (in England and Wales) who take a deposit from tenants under an Assured Shorthold Tenancy agreement (AST) on or after 6th April 2007 must protect that deposit using a government-approved tenancy deposit protection scheme.

The bold parts above tell you the legal element of things!

Taken from a useful source:

What happens if my landlord hasn’t protected my deposit, or given me the required certificate?

* In the first instance you should ask the Landlord/Agent. There may be an explanation.
* If no reason is given, you can apply for a court order which will state that the Landlord (who is responsible under the law even if they are using an Agent) must either return the deposit or protect it in a government-approved scheme. The Court may order the landlord to pay you compensation equivalent to three times the value of your deposit within 14 days of the order.

There's your answers then! You should be able to check online whether the deposit is secured within a scheme, the LandLord (or Agent) must tell you which scheme is being used, if any.

As for the cleaning bill, remember to remind your friend about fair wear & tear! Basically, any white goods or main furniture is expected to depreciate (show signs of wear & tear) but these costs cannot and should not be borne by you, that said there are some right dodgy landlords out there BUT you hold the key, as if you feel it needs deep cleaning then get it done prior to leaving yourself, then invite the landlord round and check they're happy with everything and then when you're both happy you know you'll get a full deposit refunded. If anything is amiss, or damaged then you offer to fix/replace it as it will invariably be cheaper!

Best of luck!

**5corpio** · 4 January 2011, 21:18

Re: Deposit not in any Rent Deposit Scheme

Lettign Agent: Would give you the details & ID Registration when the deposit was given
Link: DPR
http://www.depositprotection.com/

**jen_br** · 4 January 2011, 22:15

Re: Deposit not in any Rent Deposit Protection Scheme

And in fairness.... the letting agent is responsible for all this your friend should go through them not the landlord direct!

**Never-In-Doubt** · 5 January 2011, 10:24

Re: Deposit not in any Rent Deposit Protection Scheme

Originally posted by jen_br

And in fairness.... the letting agent is responsible for all this your friend should go through them not the landlord direct!

Well, if the landlord has made themselves known you can go through any/either/both if you wish! However, the flip side here, if the landlord breaks the law then you go after their agent as well, as the agent should be the ones keeping the landlord in line..... instance being if the deposit is not in the correct scheme, both the landlord and agent can be done for it......

nah

**Never-In-Doubt** · 5 January 2011, 10:26

Re: Deposit not in any Rent Deposit Scheme

Originally posted by 5corpio

Lettign Agent: Would give you the details & ID Registration when the deposit was given
Link: DPR
http://www.depositprotection.com/

That is only one of the schemes mate, there are several and you need to search the database of the corresponding deposit.....

I'd be more prone to link to this, which is the main TDS body: ---> http://www.thedisputeservice.co.uk/

The Housing Act 2004 (Chapter 4, sections 212-5; & Schedule 10) made provision for both the protection of tenancy deposits and the resolution of disputes over their return. The Dispute Service has been awarded a contract by the Government to run one such scheme: The Tenancy Deposit Scheme (TDS).

**5corpio** · 5 January 2011, 18:10

Re: Deposit not in any Rent Deposit Scheme

Originally posted by Never-In-Doubt

Originally posted by 5corpio

Lettign Agent: Would give you the details & ID Registration when the deposit was given
Link: DPR
http://www.depositprotection.com/

That is only one of the schemes mate, there are several and you need to search the database of the corresponding deposit.....

Cheers Matey, i only know of that one, as thats where my deposit is held and can change details, amend things, request etc.......

**loring** · 8 January 2011, 22:18

Re: Deposit not in any Rent Deposit Protection Scheme

Thanks everyone for replies
It has taken a few days to contact my friend.
He tells me the agent agrees with the landlord not to put the deposit in a scheme, as it is too expensive. He also told me the agent told him verbally that a new bathroom was to be installed 2 months after he moved in, however the landlord decided later not to bother doing this work as it would "cost money". My friend has told me the bath has a hole in it, the wash hand basin has a large crack all the way round it and just about keeps the water in, and all the taps and soap dishes are totally corroded.
I have suggested to him that he withhold the last months rent at least and to take photographs of the bathroom for his records. It does not get any better this one.
It appears the agent and landlord work hand in hand, the landlord does not to be involved in anything that costs money and the agent takes his fee each month, does nothing for his fees and likes to steal a whack of the tenants deposits when they move.
I have told my friend to get out at the end of the tenancy and make sure he has his deposit in his bank.

Loring

**jen_br** · 8 January 2011, 22:41

Re: Deposit not in any Rent Deposit Protection Scheme

yeah there are authorities that agents have to be registered with and i would be making some calls.

**billypre** · 8 January 2011, 23:11

Re: Deposit not in any Rent Deposit Protection Scheme

Sounds like good news as was quoted above he could get 3x his deposit for the landlord/agent not following the regulations and using a deposit scheme.

**loring** · 19 January 2011, 23:00

Re: Deposit not in any Rent Deposit Protection Scheme

Hi Jen and Billy
Thanks for your comments.
The agents paperwork, the windows of his very posh offices nor his internet site do not show he is a member of any professional trade organisation. Looks like he is a one armed bandit.
I have suggested to my friend he withhold the last months rent, I don't know if this would jeopardise his chances of making a successful claim so I have asked him to try and find a solicitor who gives a free half hour
consultation or go to CAB. I have not heard from him for about 10 days and he has no computer or internet.
Thanks
Loring

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