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. How to make a formal complaint. I'm about to start a tenancy. Your landlord or letting agent may have protected it with another scheme. And again, just a county court case, so nothing binding. 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. Ask for your deposit to be returned. Read article. 2. The responses to the consultation will help us to design an effective system. Please Log-In OR Become a member to reply to comments or subscribe to new comment notifications. Get that answer as Neil P above advises. You may access certain areas of Our Site without providing any data at all. Deposit remains with DPS. Again many thanks for all advice. Our thanks to Guild of Residential Landlords for this note of a county court possession case. 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. Deposit protection under lockdown - your questions answered. >> 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. 9:14 AM, 4th May 2020 About 9 months ago. We’ve also created a number of ‘How to…’ videos to help you use our service. There is still no suggestion that the agent actually used the DPS for the deposit. The purpose of this blog is to provide information and discussion. After some pressure from my daughter, the Agent contacted DPS in February 2020. 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. The DPS handles this whole process free of charge to you , and it is completely independent of both us … Yes, although confused in that case by the landlord having served a s.21 before the DPS confirmed the release of the deposit. by subscribing to emails), or because it is in our legitimate interests. It is possible to transfer responsibility from agent to landlord (with DPS), but I am not sure if it's too late once the tenant has gone. No communication from tenant. Hence why I think it is a bad analogy for the court to have gone with in this case. No payment has been made at all in the latter case and there is no guarantee that it will ever actually be made. Used only to collect performance data, with any identifiable data obfuscated. Gathering your dispute evidence. N did not actually receive the deposit money via DPS … I had read the post in Boudia as stating the s21 notice was deemed served on the same day as the landlord received confirmation from the DPS of the credit release. So thoroughly unclear which was ‘first’ in any event. Making sure you get your deposit back starts at the beginning of your tenancy. On 22 December 2015, the landlord, Y, authorised the return of the deposit to N with DPS. Check-outs, repayments and deductions. How to Initiate a Partial Deposit Return for Deposits Registered with MyDeposits MyDeposit Insured Scheme. Read article. 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. 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. 15:38 PM, 4th May 2020 About 9 months ago. Your money must be protected with a scheme if you had an assured shorthold tenancy. Is the agent still in business after all the virus disturbance and likely very little profitable work in their office? Read article . 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. There is still no communication regarding the return of the deposit. We release all deposits within two business days once we have a jointly authorised claim. Your query says you are uncertain if the agent used the DPS for the deposit? Certain features of Our Site depend on Cookies to function. The Agent finally gave my daughter the ref to the deposit and both parties are attempting to resolve the matter amicably. 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. The Agent informs her that the tenant has refused to respond to the DPS. You may still block these Cookies by changing your internet browser’s settings as detailed below in section 13.9, but please be aware that Our Site may not work properly if you do so. We may from time to time share such data with third parties such as prospective investors, affiliates, partners, and advertisers. 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. Calls are charged at your standard rate. Hello David. If this is not forthcoming, report them to ombudsman. 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. 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. 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). Therefore do the following: A. TDS Academy. 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. 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. Cookie Law deems these Cookies to be “strictly necessary”. Have a situation from summer last where tenants left owing rent and not completing works to leave premises in satisfactory condition (5k+). 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. 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. By giving your consent to the placing of Cookies you are enabling Us to provide the best possible experience and service to you. 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. 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. Legal aid eligibility check & advisor finder, Housing Law Practitioners Association – Legal Aid housing specialists list. 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. The problem is that the tenant left in September, 2019 and it is now the 1st of May, 2020. As you say a higher court is bound to have the final say soon. Data security is very important to Us, and to protect your data We have taken suitable measures to safeguard and secure data collected through Our Site. 9:19 AM, 4th May 2020 About 9 months ago. With your permission and/or where permitted by law, We may also use your data for marketing purposes which may include contacting you by email and or telephone with information, news and offers on our products and or We will not, however, send you any unsolicited marketing or spam and will take all reasonable steps to ensure that We fully protect your rights and comply with Our obligations under the GDPR and the Privacy and Electronic Communications (EC Directive) Regulations 2003. There are 3 deposit protection scheme providers. Agree the following with the tenant, preferably in writing: 1. I'm ready to activate my account I couldn’t find my deposit. For further details, please consult the help menu in your internet browser or the documentation that came with your device. I would ask the agent for evidence of them protecting the deposit. 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. All Cookies used by and on Our Site are used in accordance with current Cookie Law. For the Deposit Protection Service (DPS), the following in summary will occur where a deposit is to be repaid. If we do store data outside the EEA, we will take all reasonable steps to ensure that your data is treated as safely and securely as it would be within the UK and under the GDPR. Hi, I just thought your post should also refer to Chalmiston Properties Ltd v Boudia. This definition shall, where applicable, incorporate the definitions provided in the EU Regulation 2016/679 – the General Data Protection Regulation (“GDPR”); and. Check your state’s code to determine how long your landlord has to return your deposit. If your deposit is being held in a custodial scheme, you can request its return directly through the scheme. My daughter rented out her flat through lettings agent.