Tenancy Deposit

[horselady]

Could someone explain how the tenancy deposit scheme works? Trying to help a relative, seems that when he moved in to his rented home he paid his deposit which then had to be placed in a certain scheme. He paid it to an estate/letting agent but from then on paid his rent direct to the landlord and had nothing more to do with the agent. That agent has now gone out of business under a bit of scandal, accused of fraud. Tenant being a bit concerned asked landlord about his deposit and whether it is safe was told by landlord that the original agreement still holds. My question is, in a nutshell, if he leaves the property is it up to him to chase around for his deposit or is that entirely in the landlord's hands? My understanding is that by law the landlord is in charge of it and can be fined if not done correctly.

[JF85]

Landlord holding the deposit would be open to abuse, so there are a small number of independent schemes instead, possibly two. Tenants need a reference number to reclaim deposits, so it is worth finding which scheme it is now for convenience later.

[horselady]

The only paperwork he has is the original certificate signed by him and the agent. That's why he asked the landlord to check but was given the impression that it would be for him to chase around to claim deposit when he leaves but I'm sure it's the landlord who is responsible. I need to help as he is elderly and would just let his money be lost if he didn't know what to do.

[carrot99]

https://www.gov.uk/tenancy-deposit-protection

Hope this helps.

[ladybirder]

Horselady - talk to Shelter they are so helpful.
https://england.shelter.org.uk/housing_advice/tenancy_deposits

[horselady]

Thanks everyone. I've used the links to check and it seems he has no deposit lodged with any company. Shall have to investigate this further, I have a feeling my suspicions were correct. I feel cross with the landlord, (who is a perfectly nice man, no problems at all with him for the last 9 years) because he should have made sure this was done properly.

[JF85]

I have no reason to defend the landlord, but if he placed his trust in the agent he is as much a victim as your friend, although probably to a lesser amount (if that makes sense?).

[horselady]

I agree, but I feel he should be a bit more pro-active now, rather than just saying the original still holds and it'll be okay. Be good if he did a bit of investigating and putting things in order. I would like to know that he would make good the tenant's deposit if he left but he is not likely to discuss it with me.

[ladybirder]

Horselady, I repeat, speak to Shelter, they are very helpful and will have come across this situation many times.