New tenancy deposit law

From the 6th April 2007, the new tenancy deposit law will be introduced to give more protection to tenants by preventing landlords and letting agents from unfairly withholding a tenants deposit. The scheme protects all Assured Shorthold Tenancies in England and Wales (covering most tenancies since 1997).

http://www.direct.gov.uk/en/TenancyDeposit/DG_066373

Oh good....... Another load of government red-tape & bureaucracy.   

Obviously you've never been ripped off by a letting agent or landlord. We've just been told by our previous letting agent they are returning us less than £20 our of £1050 deposit and when I have tried to discuss the matter and even offered to negotiate I've been told by email I'd better not threaten any legal action! This agent doesn't belong to any professional associations so our only recourse now is to the small claims court which could take ages.  So many of these small time landlords & agents think the deposit is their money, having to put it in one of these deposit schemes can only be a good thing.

Obviously you've never been ripped off by a letting agent or landlord. [...] So many of these small time landlords & agents think the deposit is their money, having to put it in one of these deposit schemes can only be a good thing.

WORD.

Britwife, I hope you can get your money back without too much hassle!  That's preposterous. 

From http://www.direct.gov.uk/en/TenancyDeposit/DG_066397

Custodial scheme

A landlord or tenant does not agree to the release of full or part of the deposit so ADR will be the default way in which to resolve a dispute. If there is a dispute, the scheme will continue to hold the amount until the ADR or courts decide what is fair.

Sounds as though everyone will still be waiting around for the courts or some other tribunal anyway.   Time will tell, I suppose.

So many of these small time landlords & agents think the deposit is their money, having to put it in one of these deposit schemes can only be a good thing.

Exactly!!!

I am so sorry to hear that you are going through that crap. Interesting how they told you that you had better not threaten legal action. Hmm, guess they didn't realize who they were talking to.   

Britwife - thats just disgusting - keep all correspondence, from what you've said there, that sounds like a 'threat' from them.

Also, I fully condone the application of Niku2's idea of sending a parcel containing poop to the idiots who are threatening this to you.

Also, you should speak to your local newspaper, maybe stand outside their offices with a leaflet explaining you are currently being ripped off by them (I think its legal to do this if you dont cause a disturbance but not sure - look into it though) and maybe post up a bad review of them on any internet sites they may advertise on etc.

I hate stupid dodgy business people no matter what industry they're in...

Good luck and let us know how you get on..

cheers DtM! West London & Slough UK!

Thanks guys. Don't worry I have kept EVERYTHING and I sent a very detailed, legalistic email yesterday, and also told him if he makes any more statements like that I'll have him charged with harrassment.  I also reported them to HSE because they didn't do an annual gas safety check, the local office is dealing with it ha ha.  We've moved 600 miles away otherwise I like your peaceful protest idea Dennis!

I knew you could handle it!

That guy you are dealing with is fooling with the wrong woman! 

Britwife, that would make me so mad!  I think that a lot of estate agents/landlords get away with this criminal behavior because so few tenants have the energy or cohones to follow through with a claim.  It is so easy to get intimidated.  Kudos to you for standing up to this chump! 

Well either this guy is really stupid or he thinks we are.  He sent me another email in which he claimed the gas safety check was done 22 Oct last year ... when I looked at the calendar I found that was a Sunday and to make it even better I have an entry in my livejournal that day to prove we were at home!

Anyway he is sending us his invoices for all the cleaning etc then I am going to send the whole lot direct to the landlord and give him 14 days to pay up or take him to the small claims. We are also asking for some of our rent back as we had it in writing they were going to sort out the very overgrown and somewhat hazardous garden .. never happened of course.

tenacity!  well done!

Excellent Britwife...keep us posted!!

Thanks I'll let you know what happens!

Woman, you rock!