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No Deposit Protection Certificate

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350 views 2 replies latest reply: 23 May 2017
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Tenant

Hi all,

My current Landlord is being extremely difficult letting us out of our tenanycy and having already paid over £800 to leave the contract early, the Landlord has now held on to our deposit for over three weeks whilst they try and get quotes for an oven clean and carpet clean.

I’ve noticed that although our deposit is protected, I never received the Deposit Protection Certificate or Information pack upon taking up the orignal tenancy – only further down the line once we renewed.

I’ve seen conflcting information about this but essentially my understanding is they have to give this info to me within 30 days the deposit being handed over. I’ve asked the letting agent several times for the orignal information and (conveniently) they said it was posted to me and not their problem if I never received it.

Can anyone please advise me where I stand with this and can I claim compensation for this? Again I am not dissputing the deposit being protected, only that I was never given the certificate.

Any help appreciated as this will hopefully put me in a stronger position.

Thanks

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Tenant

Hello, 

To fight for your compensation you have to prove that you never received the information pack. To do this, you must offer some kind of emails / letters where you have contacted the agent within this 30 day period requesting the information pack, or stating that you have not received one, to which you must also provide the agent’s reply.

This is the only thing I can think of that will prove you never got it in the original required period.

If you can’t, then the fact that the deposit is protected and that you still received an information pack along the way will likely get the landlord out of trouble. 

In any case, you have to contact the scheme immediately and claim your deposit as the landlord has no right to hold your deposit for so long and should either make a deduction or return the full amount as soon as possible. 

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Tenant

I have discovered my landlord only protected my deposit a day before he issued me with a section 21 notice. The deposit scheme have also said that the booklet I should have received was emailed to the contact details they were given, which my landlord has entered as his own email address. Therefore I have not received them though apparently they have requested they will now be emailed to me.

Does this still give me grounds to dispute and take further action against my landlord. I have also discovered he is unlicensed which is required in this borough and he has been reported.

Would appreciate any guidance you can offer

 

Thank you

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