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Change of agents affect deposit?

Started by Tazopher, January 24, 2025, 05:10:33 PM

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Tazopher

We started renting a property in 2017, the letting agents were countrywide lettings. In 2022 the agents changed to affito and a new agreement was signed.

In 2024 we recieved a section 21 and as part of that section 21 they sent us a certificate that the deposit was protected by mydeposits under countrywide lettings and not our current agents.

On our current lease agreement it stats that our deposit was protected by the deposit protection service. But when entering details it says that no deposit can be found (also called them and we are not on their system) but we can find one for the previous deposit on mydeposits(also called)

Is this correct that our deposit is being held by our former agents and not the current one?

Thanks

Chris

Hippogriff

A Deposit can be protected by a Landlord or an Agent... or even different Agents, I conclude. That angle is something for discussion between the Landlord and their Agent.

The current agreement is probably boilerplate.

What a Tenant will care about is whether the Deposit was / is protected - and, here, at least it appears it is. Nice to learn. I bet you are glad about that. I'm sure that's what all Tenants care about, much more than what remainder may be due them.

Lastly, as you state - "We starting renting..." - and you have created a thread in the Tenant section, I am going to assume that you are a Tenant and, therefore, the Agent is not yours.

And it's i before e, except after c... apart from when it isn't, weird and heinous I know... but it is in - "received".

heavykarma

Am I right in thinking that you are looking for ways to delay the eviction under s21?  I think you are wasting your time,  as long as the deposit is protected correctly it makes no difference does it?  It would be better to concentrate on finding somewhere else to live that is suitable.

Hippogriff

I wish Global Moderators would stop trying to read between the lines.

HandyMan

From https://england.shelter.org.uk/housing_advice/tenancy_deposits/change_of_landlord_or_agent_what_happens_to_the_deposit

QuoteIf your landlord or agent changes:

    the old landlord or agent should tell the protection scheme

    the new landlord or agent should make sure the deposit is still protected

Note should, not must.

And:

QuoteWhen your tenancy ends

Ask your new landlord or agent to return your deposit.

The person who is your landlord or agent when your tenancy ends is responsible for returning your money, even if they never got it from your old landlord or agent.


jpkeates

#5
The tenants should know where the deposit is protected because they should have received the Prescribed Information telling them where the deposit was held and the procedure for getting it back etc.
If they weren't given this basic information at the start of the tenancy, or subsequently, the section 21 notice isn't valid.