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Can I sue the deposit protection scheme

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484 views 5 replies latest reply: 11 March 2014


we’ve just been through months of hell with a letting agent…

agent tried to get us to sign an addendum to the lease stating
his fee for re-let, which wasn’t in the lease.

Said he would refuse to show property until we signed. We refused a lease was already signed.

Agent refused to provide us with landlord address to serve her court paperwork.

Agent made threats.

We’ve moved outside Europe and agent had not given us an invoice for his ‘services’

Finally DPS said the agent was right! (only in England…)

Now, in it’s decision DPS states that we signed this addendum (we have NOT) I’m arguing that the evidence provided is a fake.

DPS also states we owe VAT on the invoice, I do not believe so, as we live outside EU, and invoice was produced after we left.

Does anyone know what recourse we have against DPS or agent?
Would it be Financial conduct authority?

Any leads would be appreciated.


Once you sign a lease, any addendum’s have to be agreed by both parties, if the agent forgot to put his re-let fee in the lease then its his problem.
By law you have to be given the landlords address held within section 48 of the housing act
you do owe VAT but may be able to claim it back at the airport
You can file a complaint to ARLA, NALS or the Ombudsman but only if the agent is a member, if he isnt you can try and appeal the decision made by the DPS or take the agent to court in the small claims court.


Hi William thanks for the reply.

Lease did state a relet fee would be owed, but with no amount specified.
Does this make a difference?

So you think I can still take agent or landlord to county court, even after a DPS decision?

DPS is avoiding giving me their complaints procedure!
Where can I escalade this? FCA? County court?



If you did not sign the addendum and it does not state in the tenancy agreement how much the relet fee is I’d suggest that your quickest method of getting the agent’s attention is to tell them that you intend to speak to Trading Standard regarding unfair terms of contract and in general about the way they conduct their business. If this does not result in a satisfactory conclusion then talk to the Office of Fair Trading who have the ability to close the agent down


So, the DPS tried to avoid it’s own internal complaint system.

We threatened court, they let us complain.

They missed their own deadline, rejected our complaint.

We notified them that they missed their own deadline.

They made an amused apology for having missed their deadline and then threatened us with recovering court action costs.

Complaints has been sent to FCA and Financial ombudsman.

Sorry to say that every day I’m happy to be abroad in a country where tenants rights are respected, and complaints managed by the state and not some obscure private company.

So this is what England has become…
Can’t blame the Scots come September.


By the way the Estate agent is Harringtons property services of Winchester, Petersfield and Wickham in Hampshire.

I obviously do not reccommend them…

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