(Original post by Deeksie)
I have sent the following email to my landlord (bare in mind I'm an Engineering student...so writing is not my strongest point):
I have checked with XXXXXX about this, and he claims that he never found the Deposit ID on entry to the house, are you able to supply it yourself? We also have no record of you telling us that you had placed the Deposit ID in the house, which is odd considering the importance of this information. In addition the DPS terms and condtions state:
"The Landlord has a statutory obligation to provide the Tenant(s) with the
Prescribed Information within 30 days from receipt of the Deposit. The
Landlord must give the Tenant(s) the opportunity to check and sign the
Prescribed Information by way of conﬁrmation that it is correct."
"Prescribed Information means the information which must be provided by
the Landlord to Tenant(s) in accordance with the Housing (Tenancy Deposits)
Prescribed Information Order 2007"
A notable inclusion of the "prescribed information" is as follows:
"-confirmation (in the form of a certificate signed by the landlord) that:
----the information he provides under this sub-paragraph is accurate to the best of his knowledge and belief; and
----he has given the tenant the opportunity to sign any document containing the information provided by the landlord under this article by way of confirmation that the information is accurate to the best of his knowledge and belief."
To the best of our knowledge we have not received the certificate described above. Further more myself nor my house mates recall a time where we have had the opportunity to check and sign the prescribed information (which includes our contact details) in order to confirm it is correct.
The DPS website has a feature which allows confirmation that they have our deposit. The website confirms that they do have our deposit, but with XXXXXX as the lead tenant, not XXXXXX, who you claimed to be lead tenant on the 10th June. The DPS terms and conditions state that the DPS will contact the lead tenant on receipt of the deposit, either by email or by letter if no email address has been given. XXXXXX has not received a letter or an email from the DPS. I have asked all my house mates if they have received any information at all from the DPS; none have. I therefore think it reasonable to believe that it is likely the information given to the DPS regarding the tenants of Gilesgate Bank 134 was incorrect.
All of our peers who have used the DPS claim to have experiences that match up with the extracts from the DPS terms and conditions I used in this email. Thus we are concerned about the handling of our deposit. If you do not provide information in one form or another that abolishes our concerns we will have no option but to take action. At first through the DPS, and, if necessary, through the small claims court.
I am not currently in a position to be able to confirm if XXXXXX and XXXXXX have now paid their rent. But I would hope and expect that by now they have. I strongly dislike sending messages of this type, but our meeting on the 10th of June made me reconsider how much trust I should be placing in you. I am sure that if you imagine yourself in our position you can understand why we feel this is necessary. I sincerely hope that everything is as it should be and openly accept that our concerns may well be undeserved.