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Joshua
Joshua, Lawyer
Category: Law
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Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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In 2013 I disposed of an Agents services . The

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In 2013 I disposed of an Agents services for misconduct. The Agent returned my Tenants deposit; which I duly secured with The Deposit Protection Scheme.
My Tenant has just received a letter from My Deposits saying his Deposit is no longer protected.
My Tenant has become very distressed as he thought a) I hadn't protected his deposit. Or b) He thought I was terminating his Tenancy.
Should the Agent get a rap across the knuckles for taking so long to contact the tenant about his deposit.
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience. May I clarify did the agent return the deposit to the tenant who then paid it to you whereupon you reprotected it please?
Customer: replied 2 years ago.

I can't really remember I believe I gave the Agent my account # ***** the DPS as I didn't want to pay for a My Deposit Insurance scheme which Taylors use.

It was one of the issues where I disposed of Taylors services as they insisted I continued to pay for the My Deposit Scheme.

Expert:  Joshua replied 2 years ago.
Thanks. This doesn't relate to your specific question but I think it important just to mention anyway first. The legal position is that once the agent has withdrawn insurance protection from the deposit, you have three months in which to reprotect the deposit. providing the deposit is reprotected within that timeframe, there should be no difficulties but if not, it would amounts to a breach of the deposit protection regulations. I assume from what you say that the deposit was protected again by you within 3 months unless you tell me differently. What you describe in respect of the agents actions appears to amount to inefficiency. The inefficiency is unacceptable in terms of service and presumably adds to a litany of other issues you experienced with the agent. It may amount to a breach of contract and / or negligence for which you cold seek damages but those damages for this action (or lack of it) alone would be limited at best because no financial loss has been caused to you as a result. Rather, from what you say, the result was some distress being caused to you your tenant. This is not acceptable but it is unlikely to result in the award of anything better than a modest award of damages if you were to pursue it. If you consider you wish to pursue the matter anyway as a matter of principle rather than in order to seek damages, because I do not think it would be worth your while pursuing the matter for damages alone for the above reasons, you can consider pursuing the matter further under the procedure set out below. Of course if you have other issues which you have not previously pursued, could treat this as the straw that broke the camel's back and lump all your complaints together and seek damages from the agent for the conduct generally you can initially make a complaint to the agent and if you are unsatisfied with the outcome of a complaint, you can refer the matter to the letting agents ombudsman service which they are by law obliged to be a member of. The property ombudsman service the letting agent is a member of has the power to determine your complaint independently and where finds appropriate, award compensation. The decision is binding upon the letting agent it is not upon you. There is no cost associated with the ombudsman service. I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or reply back just to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me though.
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
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