Richlist Posted December 8, 2011 Report Share Posted December 8, 2011 Well thats really good news.....at least you will still have a solid reason to take action in the small claims court against them. For a short while there I thought they were going to get away with it! Link to comment Share on other sites More sharing options...
chickpea Posted December 9, 2011 Author Report Share Posted December 9, 2011 It's now 14 days since the tenants paid their deposit, but I have checked with them and as yet, they haven't received any details on where/how it's been protected etc. Of course, we are going to contact the agent asap, but what is our immediate position on this? Is there anything we personally can do to protect ourselves against the tenants (rightly) taking us to court? Edited to add: on ringing the agency, the member of staff dealing with us tried to tell us that the whole 14 day thing mo longer existed, and we didn't need to worry ourselves with it She then rang back and said she'd got that wrong, but that anyway,the DPS would contact the tenants direct with all the statutory info needed. From everything I've read, this is clearly NOT the case. Link to comment Share on other sites More sharing options...
chickpea Posted December 9, 2011 Author Report Share Posted December 9, 2011 ...just spoken to the director of the agency, who is still maintaining that it's the DPS who have to pass on info to the tenants - and anyway, it doesn't matter because there's no case law blah, blah. Also, we only got the tenancy agreement after the tenants had moved in. As yet, we haven't signed it because it's only in my name - it should be in joint names with my husband. Took this up immediately with the agent - nothing happened. Brought it up again today - director says he'll just change it on the office copy. We argue that that's not good enough, he says that he can't/won't go back to the tenants to ask them to sign a corrected copy, because it means they won't have an agreement and could do a runner. Thoughts please! Link to comment Share on other sites More sharing options...
Grampa Posted December 9, 2011 Report Share Posted December 9, 2011 I dont think its a major issue that your husband isnt on the contract. If you had to evict and go to court your husband could go with you but you would do the talking. I would just make sure both names are on any renewed contract. It isnt a good idea of the agent to amend the contract without at least getting the tenants copy back because if you did have to evict and the judge saw 2 differant contracts it wouldnt look good for you. Link to comment Share on other sites More sharing options...
Carryon Regardless Posted December 9, 2011 Report Share Posted December 9, 2011 W/o the DPS ref and repayment I.D. I would assume that the deposit is not protected, especially with the bull you're being fed. Write requesting the specified info be sent to you not the T's, it's your responsibility to deal with it anyway. After 7 days start a MCOL for the value of the deposit, it's you that will pay in the end anyway. Link to comment Share on other sites More sharing options...
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