Deposit protection | Discuss

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Deposit protection
23/01/2012
4:19 pm
JWallin
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I used Michael Wood Homes in Bury, Manchester several years ago and he found a tenant and registered the deposit with the DPS.  I  dispensed with the services of MWHomes but the tenant remained for another year.  He has just left and I need to sort out the deposit with the DPS but in  spite of many emails and phone calls to MWHomes he refuses reply or to transfer the deposit to my DPS account.   Any advice as to what I can do?  Thanks

23/01/2012
5:03 pm
John Francis Lets
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I would contact the DPS if I was you and explain the situation to them. They will advise what to do and contact the agents if needs be.
Are you proposing any charges from the deposit or is it all going back to the tenant?
They really should have transfereed the deposit to your DPS account within 14 days of you taking over the management.

23/01/2012
6:30 pm
PaulBarrett
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You may have a prima facie case of embezzlement.

Report the theft to the police.

23/01/2012
10:03 pm
Rigsby
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Either the agent didnt protect the deposit and kept it. Or it has been logged with the dps. If it has been registed with the dps there is no reason for the agent not to transfer (on-line) it into your account as he has nothing to gain from not doing so.

You say you dispensed with the agents services. Were you supposed to pay a fee if you kept the tenant and didnt?

23/01/2012
10:50 pm
optionlettings.com
London
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We had a similar situation recently, albeit with a rogue agent. The DPS were very helpful and said that if we a had proof of ownership of the property from the landlord i.e. a copy of the title deeds and a letter signed by the landlord to explain what had happened they would communicate and give an opportunity for the existing agent to explain themselves. Following, a 14 day right of reply (if memory serves me correctly) and dependant on the explanation given for the refusal to transfer the deposit, the DPS would then transfer the deposit to the landlord's DPS account (or in our case our agent DPS account). Give the DPS a call on thier dedicated help line on 0844 4727 000 for further advice.

24/01/2012
1:58 am
Paul Routledge
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Hi All,

I am receiving quite a few calls now about landlords who are worried about their agents and it is so nice to see the good ones joining us and also posting here to help our members who have issues with them. 

Yesterday I received this email from one of them about her agent Martin & Co in Manchester.

 

I’m in the process of changing tenants I only use an agent to find the new tenant and then we manage it ourselves. I have new tenants moving in tomorrow but the agent are saying due to data protection I cannot have their details until they’ve moved in? I have argued that it is our apartment and we should know who is moving in but they refuse any details.

I finally ask them to ask the new tenant to phone us so we could speak to them, which they did but all we have now is a telephone number, They may be fine but once they have moved in it’s a bit late to put them on your site to find out if they have previous records against them. I asked the agent to put them on your website but they say most agents don’t use Landlords Referencing?

Is this normal or should I change agent, it’s a large national agency so I’m very surprised.

Also I must say I don’t find you site all that easy to navigate, after being a member for a few years I still don’t know how to download GOOD tenants?

Probably me being dopey!

I phoned the Lady to help her with the site and explain about searching tenants and she went on to tell me that this Agent had said don't join LandlordRefrencing.co.uk because they have no members and its a waste of time.

We sent out 7 tenant alerts yesterday for over £34,000 from our members who wants one of those and just yesterday 36 new members joined and uploaded tenants.  80% of which had a question mark against them and who wants one of those either.

So Martin & Co you are wrong about us and wrong about your landlord not knowing their new tenants details because of data protection. All landlords are responsible for their tenants whilst in a contract of tenure in their property and therefore a landlord should always be able to check with us both with a lifestyle reference and I would also say an instant credit report that the tenant is not Bad and is suitable to enter into a contract with.

I refer to this blog new clampdown on Stamp Duty avoidance by home buyersommunity-forum/would-you-use-a-letting-agent-who-does-not-network-reference/ about landlords using letting agents that don't join us and will say the same thing why would they not join us to protect a landlord unless there was a hidden agenda. It cost nothing to join and nothing to search the only thing they would need to do is upload tenants to protect others.

We even give agents a free door sticker if they ask  /blog/2011/10/26/members-window-stickers/ to tell their new landlords that they care and network to keep out bad tenants and it also warns the bad local tenants not to bother coming in.

But it is a trying time for letting agents as stock dries up and I just hope some don't let standards of service and referencing slip in order to maintain commissions that is a short lived long term recipe for disasterCry

24/01/2012
12:43 pm
optionlettings.com
London
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I’m in the process of changing tenants I only use an agent to find the new tenant and then we manage it ourselves. I have new tenants moving in tomorrow but the agent are saying due to data protection I cannot have their details until they’ve moved in? I have argued that it is our apartment and we should know who is moving in but they refuse any details.

I finally ask them to ask the new tenant to phone us so we could speak to them, which they did but all we have now is a telephone number, They may be fine but once they have moved in it’s a bit late to put them on your site to find out if they have previous records against them. I asked the agent to put them on your website but they say most agents don’t use Landlords Referencing?

Is this normal or should I change agent, it’s a large national agency so I’m very surprised.

 

It drives me crazy that so many organisations hide behind ‘the data protection act’ as their stock answer when dealing with their own clients. Under the law of agency, the tenants file is your file, in the same way as if you had carried out the references yourself, and data protection issues do not
apply. If you feel the need want to sue the agent for negligent referencing, under section 45 of the data protection act you are entitled to the information.

24/01/2012
3:10 pm
PaulBarrett
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   I know LRS has a tenant database.

Could we not have a database of LA good and bad.

So literally every LL tenancy which finishes; the LL can give a traffic light good and bad etc.

Perhaps LRS will gradually weed out the criminal LA to assist us LL

24/01/2012
5:38 pm
JWallin
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PaulBarrett said:

You may have a prima facie case of embezzlement.

Report the theft to the police.

25/01/2012
11:10 am
Paul Routledge
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20/05/2011
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optionlettings.com said:

 

I’m in the process of changing tenants I only use an agent to find the new tenant and then we manage it ourselves. I have new tenants moving in tomorrow but the agent are saying due to data protection I cannot have their details until they’ve moved in? I have argued that it is our apartment and we should know who is moving in but they refuse any details.

I finally ask them to ask the new tenant to phone us so we could speak to them, which they did but all we have now is a telephone number, They may be fine but once they have moved in it’s a bit late to put them on your site to find out if they have previous records against them. I asked the agent to put them on your website but they say most agents don’t use Landlords Referencing?

Is this normal or should I change agent, it’s a large national agency so I’m very surprised.

 

It drives me crazy that so many organisations hide behind ‘the data protection act’ as their stock answer when dealing with their own clients. Under the law of agency, the tenants file is your file, in the same way as if you had carried out the references yourself, and data protection issues do not
apply. If you feel the need want to sue the agent for negligent referencing, under section 45 of the data protection act you are entitled to the information.

Many landlords do not realise that once a tenant is in their property even though they are taken on by an Agent the landlord is totally responsible for everything that happens therein and if the tenant suffers because of the negligence of the letting agent tough "The landlord still gets in the s##t".

I have to say it smacks of stupidity or laziness because who in their right mind in this day and age would let a total stranger move into their property without knowing them on the word of a third party who was getting paid for putting them thereConfused "Not I" Smile

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