Updating post from Reddit.
We’ve given notice to vacate after about five years and, about 2 years ago, the landlord started managing the property himself which has been fine.
I’ve asked about which deposit scheme holds the deposit & he’s advised that it’s still with the letting agency.
Where does this leave us from a claiming it back perspective as my partner cannot find the certificate & related information (it’s in her name)?Am I right in thinking that the landlord is ultimately responsible due to the change?
It should be with one of three places: http://www.depositprotection.com http://www.mydeposits.co.uk/ https://www.tenancydepositscheme.com/
If not, there are penalties for your landlord
Your landlord is managing it so he should be the first point of contact for processing the deposit after end of tenancy.
If he is ignoring your request to return the deposit, then find the latest paper work on how your deposit was protected and contact that scheme for more information.
If you were not provided anything about how your deposit is protected and where, you can sue the landlord for a lot of money.
Cannot find therefore you have had one, so it’s protected somewhere. The landlord should know, and must of either agreed the agent would continue to hold it/protect it, or accepted the money back from the agent and should have protected it themselves. Sounds like the agent still has it to me. If you’ve had a rent increase it should have been reprotected for the new amount and paperwork sent out again. Landlord needs to sort, just saying the agency has it isn’t good enough. He needs to let them know to release it back to you.
Happened to me: LL should have opened own deposit protection account with one of the schemes and asked agency to transfer at the time they stopped using the agency.
As it stands, LL needs to get in touch with agency to find out what deposit scheme was used and to let them know that you are moving and deposit needs to be released. Once you know what scheme your deposit is protected with you can give them a ring and tell them you can’t retrieve your details. They will be able to help you.
It won’t be with the agency. It’s via the deposit scheme. Contact them.
As in it’s still held in the agency’s deposit scheme, not one set up by landlord. Sorry, could’ve been clearer there!
Lettings agencies don't have their own schemes, there are three big national ones. It will be with one of them.