UK Landlord Forum / Life

Hey all

Here's one for you. The tenancy clearly states that the deposit will go into the TDS (now called MyDeposit, because apparently Tenancy Deposit Scheme wasn't clear enough). I give the agent clear instructions EVERY TENANCY that he must put it in the scheme. He never does and I always have to nag about it.

The tenancy runs from September and he WILL NOT give me a copy of the deposit receipt. I think he's bunged it in his own account and is creaming off the interest, just as he does with the rent every month, which has yet to be paid to me on time in over two years.

But as far as I can tell, I am absolutely powerless to stop him. I am responsible for the deposit, and if he hasn't done it, i will be fined and i can't evict the tenants, but there seems precious little I can do to force the issue.

He doesn't seem to be a member of any recognised body (surprise, surprise), although he has apparently won awards for customer service from AllAgents.co.uk!

Any ideas?

Yours, frantically,

Em

Contact the schemes, there are only 3 and check.  As you say it's you who'll go to court.  Fire the agent.

Ask for the repayment information such as repayment ID which you need at the end of the tennancy that will prove if he has used a legitiamte firm and definitely use another agent in future, anyone that makes your life that difficult doesnt deserve your money

Well, I found which scheme it is in, and I emailed them asking for a copy of the receipt.

Their reply? "These can only be provided to the member or the tenant."

So despite the fact that I am held legally liable, I am not allowed to see the paperwork on this.

This is now a very serious issue. Please tell all landlords they must deposit the money themselves, not leave it to the agent. Otherwise, you're screwed if anyone ever asks any questions.

Quote from: emma6 on May 14, 2015, 09:48:29 AM
Please tell all landlords they must deposit the money themselves, not leave it to the agent. Otherwise, you're screwed if anyone ever asks any questions.

That's your job.  I deal with all the deposits myself as it's so important.

An update:

I fired the agent at the end of the tenancy. I couldn't stand the stress any longer.

That was July.

The tenancy came to an end in early September. 

I still haven't been sent the deposit back.

He didn't place it in a scheme at all until I asked for the details in May (see above), and then he put it in the one he felt like, not the one listed in the tenancy paperwork, which meant I was still in breach of the regs.

And now I can't get it back from him. And because he put it in, they won't talk to me!

I'm at my wits' end. I need to put it in the correct scheme, because I am sick and tired of him making me into a criminal, and the new tenancy says it has been put into one, but he just ignores me.

Help!

luv
em

OMG Agents are such shits.

You have no choice at the minute to tell the tenant they have to get it back from the Agent, as you have no control over it.

Hopefully they will.

Draft and send a letter to trading standards in the mean time.

Agent local? Agent has an office?

If so, go and camp-out... I would. It will be incredibly stressful for the time that you're sat in his office, making a scene - pressuring him, but it will be short-lived.

Pay a visit to Trading Standards. They seem to have upped their game around our way recently and have pursued a few agents who were not complying with things like displaying fees in their office. However perhaps the lesson to be learnt here is that if you choose an agent that is not part of a body like ARLA, NAEA,. RICS or Safe Agent then you are leaving yourself open to a fine of 3x the deposit if it's not protected and being stuck with a tenant you cannot easily evict.

David, wise words, but unfortunately I inherited the agent when I bought the property mid-tenancy. I wouldn't have touched him with a ten-foot bargepole otherwise, and the sooner I can be utterly rid of him, the better. Sadly, until he hands over the blinking deposit, we are stuck with each other. He hates me as much as I hate him, but he's not the one risking jail because he won't do what he is asked/told. Will camp there tomorrow morning, and if I haven't seen my money moving by lunchtime, I will ring Trading Standards in the pm. And on it goes...

You're not risking jail. Incorrectly protected or non-protected deposits can attract a penalty... not prison time. Best of luck.

Wotcha all....just back from holiday and saw this one first ....

Emma6 feel for you buddy...honestly anything lower than an agent on this planet?
Blood boiling just reading your post... .

Could you clarify if its not in the Mydeposit scheme which one is it in?
It wouldn't happen to be in the Deposit Protection Scheme (DPS) would it?

If so...I rang them on your behalf...yes I was that appalled by what I read (and for my own learning).

This is what I was told:
1. You register with them (get your Landlord ID)
2. You ask the agent to transfer the deposit
3. If (when) they refuse you ask the DPS to transfer the deposit
3.a In order to do so you will need to provide proof of ownership and that you are the landlord so you will need:
(a) Mortgage Statement (b) Tenancy Agreement (c) Proof of ID with Full Name (d) Proof of your full address

They will then handle things for you.

Please note I had to call twice as the first time I was fobbed of by someone who didn't really know.
This may have happened to you (given someone has told you that they won't deal with you)
If it is the DPS let me know and I can pass you the name of who I spoke to.

My brother had already contacted the TDS in advance of another pending problem that didn't arise sometime ago and they work in the same way.

Try this as it will be no doubt faster than Trading Standards
If you do go to sit in the agents office then stop of at B&Q and buy an axe...(you don't need to wield it  )

In future ALWAYS manage the deposit yourself, never ever I mean ever depend on an agent to do anything.  At the first sign of poor reponse dump them, it never gets better.

Best of luck

I know it may have just been a joke, but no. Dont buy an axe.

You can be done since its handle does not fold !, and anyway the agent will be delighted to have an excuse to call the police to get rid of you.

That will just dilute your case.

If it were me I would sit in there are tell everyone who came in, in a noisy way, what the agent had done and recommend they go somewhere else.

Placards outside for a day might be fun too.

.....For the avoidance of doubt the axe thing was a joke....
It never occurred to me that someone would actually take that seriously .... 

Petrol powered chainsaw is much better....






(That was also a joke)

Quote from: Martha on October 19, 2015, 02:28:18 PM
I know it may have just been a joke, but no. Dont buy an axe.

You can be done since its handle does not fold !, and anyway the agent will be delighted to have an excuse to call the police to get rid of you.

That will just dilute your case.

If it were me I would sit in there are tell everyone who came in, in a noisy way, what the agent had done and recommend they go somewhere else.

Placards outside for a day might be fun too.

Quote from: theangrylandlord on October 19, 2015, 02:48:39 PM
.....For the avoidance of doubt the axe thing was a joke....
It never occurred to me that someone would actually take that seriously .... 

Petrol powered chainsaw is much better....






(That was also a joke)

What about an electric one ? 

Nah thought about it but they wouldn't let you plug it in

Finally, prised it out of his grasping little hands and have put it into the correct scheme.
Phew.
Landlords, always deal with the deposit yourself! Otherwise, you'll end up as unnecessarily stressed as I did.
Entertainingly, Evil Agent has accidentally given me his bank details...  <insert evil cackle here>

Did you use an axe or a chainsaw?

Did you even camp out in his office ?

Why would I bother? I have his BANK DETAILS...Any mischief I get the urge to commit can be done from my sofa.

What do you think you can do, exactly, with someone's bank details? Putting money into their account is not exactly mischief... are you saying you have their Internet banking login details or something else that you can actually do damage with? If so, I'm happy to provide you with my bank details, so you can send me mischief...