This appears to be the exact opposite of the finding in Ahmed v Shah. If you have any cause for complaint about Our use of your personal data, please contact Us using the details provided in section 14 and We will do Our best to solve the problem for you. Your first step is to ask your landlord or agent to return the deposit. There are no membership fees or qualifying criteria to fulfil and it is open to all letting agents, landlords and organisations. Get that answer as Neil P above advises. First party Cookies are those placed directly by Us and are used only by Us. Where does the Landlord go from here? Apparently there is not a single register for all 3 organisations, who provide DEPOSIT PROTECTION eg Deposit Protection Service, My Deposits and Tenancy Deposit Scheme,( these names are from the website https://www.gov.uk/tenancy-deposit-protection) to register the deposit with. Except that, a) that would mean a significant difference between custodial and insurance schemes as to when deposit returned, b) waiving deductions and contractual rights does not, in itself, amount to return. However, once a deposit has been released from our system we can’t guarantee how long the banking system will clear money into your account - so we always say to allow a further two or three days. There is a confirmation email, so check your spam folders if you don't receive it. How to Initiate a Partial Deposit Return for Deposits Registered with MyDeposits MyDeposit Insured Scheme. Data will therefore be retained for the following periods (or its retention will be determined on the following bases): Member profile information is collected with your consent and can be amended or deleted at any time by you; Anti-Money Laundering information and tax consultancy records are to be kept as required by law for up to seven years. Gathering your dispute evidence. Calls are charged at your standard rate. Both are county court, so neither binding. Data security is very important to Us, and to protect your data We have taken suitable measures to safeguard and secure data collected through Our Site. Tenant asked to change rent payment date? Used only to collect performance data, with any identifiable data obfuscated. I see your point on refusing the deposit return but guess had just taken the court wouldn’t take too kindly to such a tenant who had refused the repayment from what the High Court said in Lingfield No2 (though on cheques) about tenants not using the statutory scheme as a ‘blunt instrument to defeat a labdlord’s interests’. If procedure not complied with, he could have dumped you in bad trouble? You can negotiate if they want to make deductions. 0330 303 0030. back to top; back to navigation; back to content; skip to navigation; skip to content; Join; Log in; Log in to my Insured account. If the answer is negative, where did the agent put it? Although I suppose as you say the fact no mention of the deposit being released in full was considered. I'm reaching the end of a tenancy. I want to know more about disputes. Link to your note: https://nearlylegal.co.uk/2015/10/when-is-a-deposit-repaid/; as this in favour of Ahmed v Shah above. Read article . Reply to the comment left by Rob Crawford at 04/05/2020 - 18:00I reported my letting agent, now ex, to the ombudsman for a similar misdemenour and was awarded £500 compensation. Deposit remains with DPS. The Custodial Scheme is where The DPS safeguards the deposit throughout the period of the tenancy and repays the funds to the appropriate parties. There are 3 deposit protection scheme providers. 9:14 AM, 4th May 2020 About 9 months ago. We want a wide range of views as possible to help us design an effective system. She has still not received the deposit back from the tenant. >> https://www.depositprotection.com/im-a-tenant/id-like-some-renting-guidance/where-s-my-deposit/, 11:26 AM, 4th May 2020 About 9 months ago. The analytics service(s) used by Our Site use(s) the following Cookies: In addition to the controls that We provide, you can choose to enable or disable Cookies in your internet browser. The Agent informs her that the tenant has refused to respond to the DPS. To keep a track of your deposit and make sure we can contact you quickly if we need to, activate your account and follow the instructions to complete your account set up. Just a quick follow up to my question. The Agent finally gave my daughter the ref to the deposit and both parties are attempting to resolve the matter amicably. How do I end my tenancy on OpenRent? The deposit protection services will not be able to return the deposit if it is protected in an insurance scheme, as the deposit will be in your … The quickest way is to enter the bank details for each tenant. For further details, please consult the help menu in your internet browser or the documentation that came with your device. The problem is that the tenant left in September, 2019 and it is now the 1st of May, 2020. That would not be sufficient to be a return. I just tried using the website as Neil suggested - I didn't find it helpful I'm afraid as it only checked the DPS register. Please Log-In OR Become a member to reply to comments or subscribe to new comment notifications. However, DPS are unable to assist with providing a template, or similar. Tower block photos (c) Malte Brandenburg, used with our thanks, (We can’t give advice on individual issues), Giles Peaker is a solicitor and partner in the Housing and Public Law team at, Don't believe the hype - a subletting site, Relationship Breakdown and Tenancies – FAQ, https://nearlylegal.co.uk/2015/10/when-is-a-deposit-repaid/, Ben Reeve Lewis Friday Newsround #255 » The Landlord Law Blog, Creative Commons Attribution-Non-Commercial 2.0 UK: England & Wales License. On 23 December 2015, a s.21 notice was served. Sent on same day as authorisation request. If you reach an agreement, your Landlord or Letting Agent will pay back the agreed amount of your deposit and contact us to confirm the deposit has been repaid. No payment has been made at all in the latter case and there is no guarantee that it will ever actually be made. What Happens If Our Business Changes Hands? Ah, yes – authorisation on same day as deemed service of s.21. by subscribing to emails), or because it is in our legitimate interests. In this case, it means personal data that you give to Us via Our Site. I think your daughter needs to find out the detail of the protection, which obviously the agent should have done for her. Read article. June 2015 (link is to our note). How to Renew a Rent Now Tenancy for Free; My deposit exceeds the cap - do I need to refund it if I'm renewing the tenancy? If your deposit is being held in a custodial scheme, you can request its return directly through the scheme. See more The neighbour had indicated that this was after a late night out, forgot keys and the boyfriend had jimmied the door open. Sorry. Did agent say they did? The law states that every Landlord who takes a deposit from a Tenant has to protect that deposit by lodging it with one of 3 tenancy deposit protection schemes. If the tenant does not agree that deductions are reasonable, they should contact the lettings agent as quickly as possible. The flat was left with a number of faults , the main one being that the front entrance door had been jimmied open breaking the main door frame. Learn how your comment data is processed. As long as the deposit refund request is sent from your registered email address or an email address registered on your DPS account, we’ll accept the refund request. How long does the refund take? How to make a formal complaint. Interested in the comment related to DPS and Agent responsibilities. We’ve already created a DPS account for you. If you do not, then you probably cannot claim any money from the deposit when the tenancy ends (because it in not protected for that tenancy). 9:19 AM, 4th May 2020 About 9 months ago. Yes, although confused in that case by the landlord having served a s.21 before the DPS confirmed the release of the deposit. Some or all of your data may be stored outside of the European Economic Area (“the EEA”) (The EEA consists of all EU member states, plus Norway, Iceland, and Liechtenstein). In Boudia, the landlord served the s.21 on the same day as sending the authorisation request to DPS, so jumped the gun by any measure. This is done to indicate the deposit the tenant paid when he moved into the leased property, and / … This is not protected in cash or by cheque been made at all perceived as creating barrister/solicitor-client... Placed on your computer or device is still no communication regarding the return of the credit release the! In 2011 England & Wales License DPS are unable to assist with providing a template, similar. Of problems with the tenant has left, report them to ombudsman Us at support @ depositprotection.com original enabling legislation. Of different ways: find your state ’ s situations or problems on this page you find. Details for each tenant whatever they have done for her refused to respond to the register to that! Enable you to choose whether you wish to disable all Cookies used by and on Our.!, report them to ombudsman flat up for sale collect performance data with... A certificate the lettings agent use Our deposit checker to see if we ’ ve already created a DPS during! Was served more information, see section 7, below can request its return directly through the scheme ’... The document do i return the deposit and both parties are attempting to contact information! Demand the information much is the agent contacted DPS in February 2020 reach an agreement you... My tenancy has ended, how do i return the deposit had not undertaken periodical. Don ’ t find my deposit. About the deposit. 18:00 PM, 4th 2020. 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