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Old 08-08-2009, 12:56 PM
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Default Letting Agent Removed Deposit protection

Im surprised to be told my lads rental agencey have removed protection on all of thier deposits and are sending out letters for the tenants to sign that states " as an adjustment to the rental contract we agree to supply the complany with 600 that will stay with the company to cover the last months rent"

I have contacted the council and solictiors all of who advice this activity is not allowed under the rental agreement and all deposits must stay protected.

The loop hole ive found is, only a tenant can start a complaint against non deposit protection, a tenant is usually to scared due to retaliation from the landlord or rental agencey. Also proceedings for no protection isnt usually taken untill 10 days after a move due to no deposit return or disputed amount returned.

This system is also useless if in the position of my son who needs the deposit held to give to the next landlord to actually be able to move in?

There is a chance to be awarded 3 x your deposit in court but still living in a persons flat is not nice as you are obviousely going to get a months notice straight away.



Why is there not an independant assessor to take on this issue, when it is a mass issue, this letting agent has removed protection on a mass scale, why is it down to the tenants only?

Is there anywhere else to complain?

Naturaly my lad never signed any paper work to aid this activity and never will and there is solicitor on stand by who wants to take the case if my lad is persused further.

Sadly the deposit scheme has advised all deposit protections have been removed anyway.... so signed or not the action has been caried out.

How and why should this company be allowed to continue with this set up?

Any advice?

Thanks HP

( sorry cant spell check not on my PC)
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Last edited by Hocuspocus : 08-08-2009 at 12:59 PM.
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Old 08-08-2009, 01:47 PM
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Take it up with Trading Standards and do not sign any letter.
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Old 08-08-2009, 07:41 PM
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It is a pretty long shot but, if the agency belongs to the TPO scheme, it may be worth contacting them as well http://www.tpos.co.uk/

They can hand out substantial fines (up to 25k for any one case) and I think that they liaise with TS http://propertytalklive.co.uk/estate...erty-ombudsman
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Old 08-08-2009, 07:54 PM
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Quote:
Originally Posted by Hocuspocus View Post
Im surprised to be told my lads rental agencey have removed protection on all of thier deposits and are sending out letters for the tenants to sign that states " as an adjustment to the rental contract we agree to supply the complany with 600 that will stay with the company to cover the last months rent"
Unfair terms in Tenancy Agreements also fall under the remit of the OFT as they view them as Consumer Contracts. I would certainly be bringing this to their attention as well particularly if it is being adopted as common practice by the agency. Removing your son's statutory protection in this way falls foul of the UTCCR and they certainly cannot use the defence that the contract has been negotiated on an individual basis. They have made a unilateral decision.

I am glad he has not signed anything. I don't really see how they hope to get away with this.
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Old 08-08-2009, 10:52 PM
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This is totally wrong and in breach of the Housing Act(1996) whats the name of the letting company.

Term
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Old 10-08-2009, 10:24 AM
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thanks for the reply, they were offered a 3 bed private rentwih no agencey. its lovely. once they have moved a rport to all the above will be made. typing onhospital computer sory for mistakes.(no back space button!)
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time for a life style change
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