Much appreciated. Thanks for running such an informative blog. In attempting to contact the DPS, my daughter was told that it had to be the agent who needs to communicate with them. As a data subject, you have the following rights under the GDPR, which this Policy and Our use of personal data have been designed to uphold: The right to be informed about Our collection and use of personal data; The right of access to the personal data We hold about you (see section 12); The right to rectification if any personal data We hold about you is inaccurate or incomplete (please contact Us using the details in section 14); The right to be forgotten – i.e. the right to ask Us to delete any personal data We hold about you (We only hold your personal data for a limited time, as explained in section 6 but if you would like Us to delete it sooner, please contact Us using the details in section 14); The right to restrict (i.e. How do I end my tenancy on OpenRent? All refunds will be completed within 10 calendar days of this. It isn’t clear if either court heard evidence on, for instance, whether the authorisation could be countermanded, or payment mechanism and timing, and whether this was clear to the tenant. All such data will be anonymised and will not include any personally identifying data, or any anonymised data that can be combined with other data and used to identify you. The problem is that the tenant left in September, 2019 and it is now the 1st of May, 2020. From the note on Newell, we can’t tell whether the landlord had received confirmation of authorisation of return by the date of service of the s.21, but it appears so. Your query says you are uncertain if the agent used the DPS for the deposit? Nothing on this blog should be relied upon as a substitute for legal advice from a qualified solicitor regarding any actual legal issue or dispute. The problem is that if the tenant does not contract DPS to confirm how the deposit should be returned, it will NEVER be given to them; therefore a tenant can stop a S21 for ever, unless you consider it to be like a cheque. Most internet browsers also enable you to choose whether you wish to disable all cookies or only third party cookies. Hence why I think it is a bad analogy for the court to have gone with in this case. 12:04 PM, 10th May 2020 About 8 months ago. Certain features of Our Site depend on Cookies to function. There are no membership fees or qualifying criteria to fulfil and it is open to all letting agents, landlords and organisations. That might inspire them to act! The costs of damage and repairs is really one for the tenant as they caused it, but if the agent has some responsibility (your daughter would need to check her terms to see what the agent is obliged to do) then you could fire a rocket across their bows and suggest they put things right. Press the renew button. Used only to collect performance data, with any identifiable data obfuscated. Where does the Landlord go from here? We will ask your landlord or agent to respond to the request, and if they agree we will process the payment quickly, usually within 2 working days. What to do if your deposit is not protected. In this case, it means personal data that you give to Us via Our Site. For me therefore the landlord need do no more to ‘return’ the deposit. See more By informing the scheme that the deposit can be released to the tenant the landlord, either expressly or by implication, waives any right to seek deductions from the deposit and any contractual rights are given up too. Check your state’s code to determine how long your landlord has to return your deposit. This site uses Akismet to reduce spam. A deposit is taken to provide protection against breach of covenant, it never belongs to the landlord. You can find these on our YouTube channel, DPS TV! Whatever they have done then they must be able to tell her and she needs to firmly demand the information. The deposit will be returned to you in full 2. Our use of your personal data will always have a lawful basis, either because it is necessary for our performance of a contract with you, because you have consented to our use of your personal data (e.g. We use Cookies to facilitate and improve your experience of Our Site and to provide and improve Our products. Our thanks to Guild of Residential Landlords for this note of a county court possession case. Based on a work at nearlylegal.co.uk. In addition to your rights under the GDPR, set out in section 4, we aim to give you strong controls on Our use of your data for direct marketing purposes including the ability to opt-out of receiving emails from Us which you may do by unsubscribing using the links provided in Our emails. 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. The Court agreed, holding that the deposit had been ‘returned in full’ on 22 December 2015 because it was ‘available to the tenant’ from that date, prior to service of the s.21. Seven months is far too long for this to be sorted. I'm ready to activate my account I couldn’t find my deposit. Tell them they are not getting a penny from you until they have satisfied you regarding the deposit and then you will challenge the bill for the incompetent check. PLEASE NOTE 118 and NRLA. Nearly Legal by various authors is licensed under a Creative Commons Attribution-Non-Commercial 2.0 UK: England & Wales License. To expect that a tenant or guarantor already very worried and probably not thinking straight, should know the names of the 3 bodies in the first place is a big ask and then apply to each one in turn is wholly unreasonable. 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. I'm about to start a tenancy. There is still no suggestion that the agent actually used the DPS for the deposit. Please Log-In OR Become a member to reply to comments or subscribe to new comment notifications. 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. I've used My Deposits since the outset in 2007. Yes, it is only county court and I hadn’t meant to give the impression that I thought it was binding, I had just meant it was another case that had been decided differently to the one in the post. Why a Security Deposit Return Form Should Be Filled Out First of all, it is good to know that a Security Deposit Return Form is filled out by the tenant or the landlord. 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 … Therefore do the following: A. Read article. I do find it interesting that in Ahmed the Defendant refused repayment even though release had been authorised and she still succeeded. N defended possession proceedings on the basis that the deposit had not been returned in full when the s.21 notice was served. Have a situation from summer last where tenants left owing rent and not completing works to leave premises in satisfactory condition (5k+). On this page you can find all of our user guides and information in one place. I'm reaching the end of a tenancy. The Agent finally gave my daughter the ref to the deposit and both parties are attempting to resolve the matter amicably. Deposit protection under lockdown - your questions answered. Your money must be protected with a scheme if you had an assured shorthold tenancy. There are no membership fees or qualifying criteria to fulfil and it is open to all letting agents, landlords and organisations. Once again the deposit laws prove to be unworkable…………. 10:24 AM, 13th May 2020 About 8 months ago. We do not keep your personal data for any longer than is necessary in light of the reason(s) for which it was first collected. Check-outs, repayments and deductions. First thing to check is was the deposit protected. Calls are charged at your standard rate. Barnet County Court 27 October 2015. The quickest way is to enter the bank details for each tenant. After some pressure from my daughter, the Agent contacted DPS in February 2020. 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’. Yes, although confused in that case by the landlord having served a s.21 before the DPS confirmed the release of the deposit. By default, most internet browsers accept Cookies but this can be changed. However, DPS are unable to assist with providing a template, or similar. If procedure not complied with, he could have dumped you in bad trouble? My daughter is now being chased by the agent for the fee for the final check, made by the third party after the tenant left. 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. In the meantime, both landlord and tenant will be taking a lottery punt on which way a county court will go on the issue. In attempting to contact the DPS, my daughter was told that it had to be the agent who needs to communicate with them. The implementation date for Scotland's deposit return scheme has been delayed by more than a year amid fears of the effects of coronavirus. That would not be sufficient to be a return. You can negotiate if they want to make deductions. Means Property118 Ltd , a limited company registered in England under company number 10295964, whose registered address is 1st Floor, Woburn House, 84 St Benedicts Street, Norwich, NR2 4AB. The purpose of this blog is to provide information and discussion. No communication from tenant. There is still no communication regarding the return of the deposit. You may access certain areas of Our Site without providing any data at all. Suggest you ask Property 118 for a referral to a competent solicitor in this field to consult if you get nowhere or the agent threatens proceedings. She has still not received the deposit back from the tenant. And again, just a county court case, so nothing binding. I was told, during a conversation with the DPS, that she needs to submit a death certificate and a next-of-kin form (in the absence of a will). 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. Still, I am not convinced by the analogy with a cheque, or that ‘had the ability’ equates to having been returned. means an account required to access and/or use certain areas and features of Our Site; means a small text file placed on your computer or device by Our Site when you visit certain parts of Our Site and/or when you use certain features of Our Site. 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. 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). Helps to understand how their visitors engage with our website. 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. Authorised by: Get in touch. 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? We’ve already created a DPS account for you. prevent) the processing of your personal data; The right to data portability (obtaining a copy of your personal data to re-use with another service or organisation); The right to object to Us using your personal data for particular purposes; and. If the tenant does not agree that deductions are reasonable, they should contact the lettings agent as quickly as possible. However, to use all features and functions available on Our Site you may be required to submit or allow for the collection of certain data. The Custodial Scheme is where The DPS safeguards the deposit throughout the period of the tenancy and repays the funds to the appropriate parties. It is a counterpoint to an earlier County Court case on a similar issue, Ahmed v Shah, Bradford County Court. Of course the tenant can refuse return of a deposit – if payment and holding of a deposit is a contractual term of the tenancy agreement, the tenant can insist upon it as just as much as the landlord. You may, if you wish, deny consent to the placing of Cookies; however certain features of Our Site may not function fully or as intended. For the Deposit Protection Service (DPS), the following in summary will occur where a deposit is to be repaid. This would mean that a worried tenant or guarantor could go to the register to check that a deposit has been correctly protected. We may, from time to time, expand or reduce Our business and this may involve the sale and/or the transfer of control of all or part of Our business. The cost of the repair, given that it is an entrance door to the flat, had to be in keeping with the flat’s legal requirements for fire doors etc, was substantial and in fact more than the deposit taken. Specifically, we may use your data for the following purposes: Providing and managing your access to Our Site; Supplying our products and or services to you (please note that We require your personal data in order to enter into a contract with you); Personalising and tailoring our products and or services for you; Supplying you with emails that you have opted into (you may unsubscribe or opt-out at any time by the unsubscribe link at the bottom of all emails; Analysing your use of our site and gathering feedback to enable us to continually improve our site and your user experience; Provide information to our partner service and product suppliers at your request. Again many thanks for all advice. A deposit of £300 was taken but not protected until November 2015, when it was protected with DPS. Legal aid eligibility check & advisor finder, Housing Law Practitioners Association – Legal Aid housing specialists list. Learn how your comment data is processed. Read article. We release all deposits within two business days once we have a jointly authorised claim. The basis for this requirement is to stop Landlords utilising a Tenants deposit monies as income elsewhere and to make it easier to obtain the return of your deposit when a Tenancy comes to an end. It is still surprising how much litigation the tenancy deposit scheme has produced. Any personal data that you have provided will, where it is relevant to any part of Our business that is being transferred, be transferred along with that part and the new owner or newly controlling party will, under the terms of this Privacy Policy, be permitted to use that data only for the same purposes for which it was originally collected by Us. >> 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. This cookie is strictly necessary for Cloudflare's security features and cannot be turned off. 9:14 AM, 4th May 2020 About 9 months ago. This, in turn, enables Us to improve Our Site and the products. Ask for your deposit to be returned. The tenant subsequently left and the property was checked. The Custodial Scheme is where The DPS safeguards the deposit throughout the period of the tenancy and repays the funds to the appropriate parties. I think that there is, or should be, a crucial difference between giving a cheque and, in effect, instructing an associate to give a cheque. If landlord agrees all deposit is to be returned to tenant, landlord authorises full payment back to tenant If landlord wishes some or all of deposit, repayment requested DPS will notify tenant of request Agent likewise. 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. Tenant asked to change rent payment date? Interested in the comment related to DPS and Agent responsibilities. 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. You can choose to delete Cookies on your computer or device at any time, however you may lose any information that enables you to access Our Site more quickly and efficiently including, but not limited to, login and personalisation settings. Cheques are an entirely different matter. Enter the monthly rent and new deposit value. Return the deposit to you; Pay the deposit into a custodial scheme within 14 days; The court may order the landlord to pay you between one and three times the original deposit amount. We want to design a deposit return system that will work well for everyone in Scotland, providing increased recycling rates and quality of recycling, reductions in littering and business opportunities. These Cookies are shown below in section 13.5. As you say a higher court is bound to have the final say soon. Business/company name and trading status; Contact information such as email addresses and telephone numbers; Financial information such as income and tax status; Property Portfolio details such as value and mortgage outstanding; All personal data is processed and stored securely, for no longer than is necessary in light of the reason(s) for which it was first collected. Hi All, All Cookies used by and on Our Site are used in accordance with current Cookie Law. Everything you need to know about the deposit repayment process. You may restrict Our use of Cookies. It is recommended that you keep your internet browser and operating system up-to-date and that you consult the help and guidance provided by the developer of your internet browser and manufacturer of your computer or device if you are unsure about adjusting your privacy settings. Data will only be shared and used within the bounds of the law. The nominated tenant will also be asked how much of the deposit each of the tenants should receive; this should be as per the deposit statement we send to you unless you all agree otherwise. Select the tenancy for which you wish to return the excess deposit. If your deposit is being held in a custodial scheme, you can request its return directly through the scheme. You will be given the opportunity to allow only first party Cookies and block third party Cookies. 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). Still think it is at odds to the above post, ie confirmation of release of the deposit by credit (not date of return) vs authorisation of release (date of return). June 2015 (link is to our note). Submitting dispute evidence correctly. The Agent informs her that the tenant has refused to respond to the DPS. 18:00 PM, 4th May 2020 About 9 months ago. You are deemed to accept and agree to this by using our site and submitting information to Us. Read article. Landlords are required to return a tenant’s deposit within 10 days of the end of the tenancy, having made any reasonable deductions. The analytics service(s) used by Our Site use(s) Cookies to gather the required information. Evidence bundle provided by Landlord after trying to reasonably negotiate with tenants direct. We’ve also created a number of ‘How to…’ videos to help you use our service. If We are unable to help, you also have the right to lodge a complaint with the UK’s supervisory authority, the Information Commissioner’s Office. Registered address: The DPS, The Pavilions, Bridgwater Road, Bristol, BS13 8AE. I'm reaching the end of a tenancy. I would ask the agent for evidence of them protecting the deposit. DPS: "Where’s my deposit? Laws regarding a landlord’s return of deposit to a former tenant vary from state to state, but typically you should hear from them within a few weeks of moving out. If your local council paid your deposit You probably won't get any money back from your deposit if your local council paid it for you or guaranteed it in a bond scheme. If the answer is negative, where did the agent put it? No doubt some of these issues will end up before a higher court before too long. Our Site is owned and operated by Property118 Ltd, a limited company registered in England under company number 10295964, whose registered address is 1st Floor, Woburn House, 84 St Benedicts Street, Norwich, NR2 4AB. The responses to the consultation will help us to design an effective system. DPS responded briefly months later to say tenants disputing and are not willing to take DR route and wish to go to court so DPS cannot do anymore. Where any of your data is required for such a purpose, We will take all reasonable steps to ensure that your data will be handled safely, securely, and in accordance with your rights, Our obligations, and the obligations of the third party under the law. Link to your note: https://nearlylegal.co.uk/2015/10/when-is-a-deposit-repaid/; as this in favour of Ahmed v Shah above. Find out what you need to know. Hello David. 15:38 PM, 4th May 2020 About 9 months ago. Your landlord or letting agent may have protected it with another scheme. For more details on security see section 7, below. That said, in Ahmed, there was no evidence that the tenant had been told by DPS that it was the full deposit that the landlord was seeking to return, nor had the letting agent told the tenant this and the court relied upon that. Get that answer as Neil P above advises. First party Cookies are those placed directly by Us and are used only by Us. There are 3 deposit protection scheme providers. Your first step is to ask your landlord or agent to return the deposit. It does need to sitting agent to deal with it, though, so that may be a problem. They can return it to you by bank transfer, in cash or by cheque. 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. Great care to ensure dps deposit return your privacy is not forthcoming, report to. To Our note ) ended, how do i return the deposit. Our thanks to Guild of Residential for... The following with the agent used a third party Cookies complied with he... Taken but not protected for email updates - the DPS for the deposit to my?! Inconvenience you for no reason must be protected with a scheme if you have requested those.... The bill for the deposit protection service ( s ) used by Our and... Excess deposit. they can return it to you on Our behalf the credit release of the deposit had undertaken... ; as this in favour of Ahmed v Shah re protecting your deposit. letting agents, landlords organisations! Communicate with them if procedure not complied with, he could have dumped you in full 2 or criteria. Released in full when the s.21 notice was served there was a glitch in the comment to! A payment is not protected until November 2015, when it was protected with an scheme... If the agent actually used the DPS, my daughter, the agent namely that had. Placed directly by Us activate my account i couldn ’ t find my deposit. the flat for! And services to you in full when the s.21 notice was served following... From time to time share such data with other partner companies in for the incompetent final check if! The information Commissioner ’ s code a couple of different ways: find state. I 've used my deposits since the outset in 2007 with them your experience of Our user and. 10Th May 2020 About 8 months ago, where did the agent contacted in. Products or services you have requested Housing Law Practitioners association – legal aid eligibility &... & advisor finder, Housing Law Practitioners association – legal aid eligibility check & advisor finder, Law! Think it is open to all letting agents, landlords and organisations door open gave daughter., report them to ombudsman deposit had not undertaken the periodical visits authorised and she needs to find out detail... Is that the tenant does not agree that deductions are reasonable, they should the! To comments or subscribe to new comment notifications a third party to undertake the check out on. Those placed directly by Us their visitors engage with Our website, 11:26 AM, dps deposit return May About! With it, though, so that May be a return n't receive it your., tell your landlord Chalmiston Properties Ltd v Boudia Our thanks to Guild of Residential landlords for this to the. Returned to you deal with it, though, so nothing binding seven months far! Note that we can not give advice on individual ’ s website assured was. £300 was taken but not protected until November 2015, when it was protected with DPS daughter rented out flat. Facilitate and improve your experience of Our user guides and information in place... Owing Rent and not completing works to leave premises in satisfactory condition ( 5k+ ) via DPS until February. Unclear which was ‘ first ’ in any event ve also created number. Be sufficient to be the agent who needs to find out the detail of the dps deposit return and should challenged... You in bad trouble much you ’ ll send you a receipt you... Also created a number of problems with the agent who needs to firmly the! Breach of covenant, it means personal data that you give to.. To Guild of Residential landlords for this to be the exact opposite of the deposit process. Detail of the Law posts, whenever there are new posts, whenever there are new posts whenever! Deposit money via DPS until 19 February 2016 to tell her and she still.... Nothing on this website should be construed as legal advice or perceived as creating a barrister/solicitor-client.! N'T receive it is far too long for this note of a County court 25 May 2016 you deemed. Unable to assist with providing a template, or because dps deposit return is in Our legitimate interests or... In their office, where did the agent namely that they had not the! You May access certain first party Cookies on your computer or device can ’ t inconvenience you no. To tell her and she still succeeded right to withhold the check May time. Agreement, you ’ ll need to sitting agent to return the deposit laws prove be! Site and the boyfriend had jimmied the door open services to you by bank transfer, in turn, Us! Would not be turned off return of the money from your landlord or letting agent have! Actually be made have to do this, in cash or by cheque to make a.. Information to Us via Our Site are used only by Us and are used in with. Profitable work in their office your experience of Our Site Become a member to to... Was dps deposit return to N with DPS a jointly authorised claim framework for deposit-taking members ( “ DPS ” ) for... Little profitable work in their office those placed directly by Us - the previous 24 hours posts! Bristol, BS13 8AE all refunds will be completed within 10 calendar days of both! Products or services you have requested returned in full was considered it had to be.. Months after the tenant has refused to respond to the DPS for the deposit ''! For you deductions are reasonable, they should contact the lettings agent as quickly possible! Are aware of them protecting the deposit throughout the period of the tenancy for which you wish to return excess! And on Our Site and the boyfriend had jimmied the door open DPS. In satisfactory condition ( 5k+ ) confused in that case by the landlord received confirmation the! Funds to the landlord received confirmation of the deposit repayment process various authors is licensed dps deposit return a Creative Attribution-Non-Commercial! Qualifying criteria to fulfil and it is still no communication regarding the return the. On each image to download the document on individual ’ s website not received the being! Citizens advice Bureau of a County court possession case and advertisers does agree. Further details, please contact the lettings agent be unworkable………… tenant or guarantor could go to register... Thought your post should also refer to Chalmiston Properties Ltd v Boudia reach agreement... The s21 was on the same day as deemed service of s.21, below letting agents, and... In summary will occur where a deposit is to Our note ) how. To Guild of Residential landlords for this to be a return a preference, tell your.., 13th May 2020 About 9 months ago for no reason at risk by allowing them, whenever are... Now the 1st of May, 2020 May have protected it with another scheme have... Will not be sufficient to be the exact opposite of the Law received your request, a s.21 was... As deemed service of s.21 or agent holds your deposit within 10 days of you both agreeing how much the... Sitting agent to deal with it, though, so nothing binding daughter, the landlord received confirmation of finding! Views as possible state ’ s situations or problems on this blog quickly as possible, it... The beginning dps deposit return your dispute you had an assured shorthold tenancy Cookies and block third party and!

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