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Tenancy Deposit Protection Problems

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I have an assured shorthold tenancy agreement and I suspect that the letting agent has not registered our deposit with a deposit protection scheme. We moved in 13 months ago, so there has been lots of time to do it and our deposit is £3000 so i would like to get the money back!

I've sent an email to the letting agent this morning asking for a copy of the certificate but on past performance, I suspect they will not reply for a week or so at least.

Now I want to leave the tenancy (I was planning to give notice this week). So I did a bit of reading on line today and I realise that I do not have a copy of the certificate. I know that technically i could sue, but I want to avoid that if possible and anyway all I really want is to be able to leave the property without complications.

Does anyone have any experience about what to do in this sort of situation?

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It might be pedantic to point this out (or you might be genuinely confused about who is responsible for what), but the letting agent is NOT responsible for registering your tenancy deposit. It is your landlord's responsibility.

If you want to check to see if your landlord has fulfilled his or her responsiblities in this regard, then contact the three Tenancy Deposit Schemes yourselves. It is a very straightforward thing for them to check. Then you'll know and you can decide how you want to play it.

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  • 3 weeks later...


Landlord legal responsibilities from TDS?

You will be breaking the law if your tenant/'s deposit/s are not protected.

You will be unable to regain possession of your property using notice-only grounds for possession under Section 21 of the Housing Act 1988.

Your tenant can apply for a court order requiring their deposit to be protected if it isn't, or is entitled to request information to find out where it is being held.

If the court decides that you have failed to comply with the new rule or is not satisfied that the deposit is being held with an authorised scheme, the court can

enforce the following:

Order you to repay the deposit within 14 days of the issuing of the court order.

Order you to pay the deposit into an authorised scheme.

Order you pay the tenant three times the deposit amount within 14 days of the making of the order the tenant.

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  • 439 Brexit, House prices and Summer 2020

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