Lost Full Deposit-due to Protection Scheme Negligence. | The Tenants' Voice
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Lost Full Deposit-due to Protection Scheme Negligence.

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32 views 1 replies latest reply: 06 July 2017
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Tenant

I never heard anything at all fom the Deposit Scheme or from my Landlord in regard to the Deposit release after having to leave our family home due to my 2 Children and I being victims of domestic abuse.  My then partner also left the home about the same date, give or take a day or 2. I contacted the Deposit scheme and I have copied & pasted their reply below. BASICALY THEY SENT THE RELEASE REQUEST FORM TO THE ADDRESS AT WHICH THE TENENCY DEPOSIT IN QUESTION WAS RELATED TO, OBVIOUSLY I WAS NO LONGER LIVING AT THAT ADDRESS – WHICH WOULD HAVE BEEN BLATENTLY OBVIOUS. I am not at all happy about this & I think it is pure negligence on their behalf, can you advise me how I can claim my Deposit back please? My Landlord was fully aware we had left to reside in a local Woman’s Aid Refuge & could easily have advised the Deposit Scheme of my whereabouts, they BOTH also had my mobile number & email address, which were both the same as when the Deposit was taken out.  I would also like to querie where do I stand about my Tenency Agreement when ONLY my then Partner was the ONLY one of us who ever signed any “further” Tenency Agreements ever since I signed along with him only on the original first ever Tenency agreement with that Landlord.

I understand that you are unhappy that the scheme has released the full amount of deposit to the Agent in respect of the tenancy at*********************

 

Having searched our records, I take this opportunity to present my findings to you below.

 

The request for the release of the deposit was initiated by the agent on 30 June 2016 and we sent you a notification letter to inform you of the release request and that you must respond within 30 working days of the release to state whether you accept or decline the agent’s release terms.

 

The contact details we have for you on our records are an email address ********, mobile phone number *******and a correspondence address ***********

 

At the time of registering your deposit protection details, the agent provided us with all of the above contact details and also indicated that communication is to be via post only.  This is the reason the notification was sent to you in a letter via post to*********

 

As we received no communication from you during the 30 working day deadline, the monies were automatically released in accordance with the agent’s original release terms on 15 August 2016 and in line with our Terms and Conditions; ‘D1.4.2. Either party fails to either request to use or consent to use ADR, within 30 Working Days of being asked to respond to the request by the Scheme

 

I can see that you first emailed the scheme on 9 November 2016 regarding your deposit and you were provided with log in details for your online tenant account.

 

Further to the email trail, we responded to you on 22 November 2016 to make you aware that as your agent put down your method of communication as post only, the system used post to send you the notification.

 

In view of the above, I am sorry that I am unable to assist you further with regards to this matter as the monies are no longer held with the Scheme.

 

I would therefore recommend that you seek independent legal advice and contact the agent directly.

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Tenant

Okay, first of all lets look at things objectively: 

“At the time of registering your deposit protection details, the agent provided us with all of the above contact details and also indicated that communication is to be via post only.  This is the reason the notification was sent to you in a letter via post to*********”

“Further to the email trail, we responded to you on 22 November 2016 to make you aware that as your agent put down your method of communication as post only, the system used post to send you the notification.”

These two tell me that you have been notified by the scheme that you’re going to be contacted by POST ONLY in regards to your deposit. This has been set by the agent, so if anyone is to blame is the agent for not asking you and yourself for not paying attention to the communication. 

Given the above, you can’t blame the scheme for doing what they told you they would do and acting on their standard procedures. 

You SHOULD seek contact with the agent and claim the money. To do that you will need a solicitor and we can link you to a partner solicitor which specialises in deposit claims.

Tell me if you’re interested.

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