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FAQs - Lettings

Can you look at complaints about the deposit I have paid?

For complaints that appear to relate to the handling of tenancy deposits referred to the OEA Scheme, the Ombudsman will consider whether the agent has breached the terms of his contract with the landlord or the provisions of the OEA Lettings Code of Practice. However, the deposit is a matter between the landlord and the tenant and the Ombudsman is not in a position to adjudicate on the appropriate distribution of the deposit.

The Housing Act 2004, introduced tenancy deposit protection for all Assured Shorthold Tenancies (AST), in England and Wales where a deposit was taken. From 6 April 2007, all deposits paid under an AST have to be protected within 14 days of receipt by the landlord. There are three tenancy deposit protection schemes. If you have a dispute about the refund of a deposit or how it has been administered, you should contact the scheme which is protecting your deposit. Your landlord will be able to give you details of the scheme assuming the landlord or letting agent has registered with one of them. Timescales apply and you should not delay in making contact.

For Landlords and Letting Agents only:

The Deposit Protection Service
The Pavillions
Bridgewater Road
Bristol
BS99 6AA

Email: enquiries@depositprotection.com

Tel: 0870 7071 707

For Landlords, Letting Agents and Tenants:

Tenancy Deposit Solutions Ltd trading as mydeposits
3rd Floor, Kingmaker House
Station Road
New Barnet
Hertfordshire
EN5 1NZ

Email:
General enquiries: customerservices@mydeposits.co.uk
Dispute enquiries: disputes@mydeposits.co.uk
Complaints: complaints@mydeposits.co.uk

Tel: 08456 343403

The Tenancy Deposit Scheme
PO Box 1255
Hemel Hempstead
Hertfordshire
HP1 9GN

Email: deposits@tds.gb.com

Tel: 0845 225 7837

Does the landlord/letting agent have to provide an inventory?

The simple answer is no they do not. However, should a claim against the deposit arise it would be difficult for the landlord or agent to justify a claim. Therefore, the tenant can state that the property or items within the property were in a certain condition at the start and end of the tenancy and there would be no opportunity to rebut later. It is therefore sensible to incur the cost of having a detailed check in and check out report completed on a property.

During the check out the agent confirmed that the condition of the property was excellent, but a week later the agent said I was responsible for stained carpets. Can the agent do this?

Reference to the check in and check out reports should confirm the state of the carpets at the beginning and end of the tenancy. If this was not done, it would be harder for the landlord/agent to claim against the deposit. Tenants should ensure that they receive a copy of the check in and check out reports.

Who is responsible for dealing with minor repairs such as a leaky tap in the house I am renting?

Much will depend upon the contractual arrangements between your landlord and the letting agent. If the letting agent is contacted to manage the property on behalf of the landlord, in the first instance you should contact the letting agent. He should then arrange to obtain quotations for the repair and obtain agreement from the landlord to proceed with the repair. Most landlords will agree to a level of expenditure without the need for referral to them over minor repairs. If the agent is not contracted to manage the property, you will need to contact the landlord directly.

I have let my house through a letting agent and the tenant is not paying the rent. I had expected the letting agent to carry out checks on the suitability of the tenant before recommending him to me. Can I complain about the letting agent?

Under the OEA Code of Practice for Letting Agents, the agent is required to carry out referencing enquiries appropriate to the circumstances of the applicant or as instructed by the landlord. This could include using the services of a recognised referencing service provider, by direct application to third party referees, checking the Electoral Roll, viewing previous utility bills of the applicant, driving licence or passport or any combination of these. If the applicant provides his own references, the agent should take reasonable steps to validate their authenticity. Therefore if you believe that the agent has failed to comply with his obligations under the OEA Code of Practice, you should raise a complaint with the agent through his internal complaints procedure and if you remain dissatisfied with the outcome, you may refer your complaint to the Ombudsman.

Can I ask to see the reference checks carried out on my tenants before they move in?

A landlord may ask to see the references, but there may be some Data Protection issues. As the landlord has contracted a third party to undertake these checks and the tenant may have instructed the agent not to release their details to a third party, which is the landlord. Therefore, if a landlord requires sight of the references, this must be made clear at the start of the tenancy so that the applicant (potential tenant) is aware that their personal details may be shared with the landlord.

Can the letting agent sign the contract on behalf of the landlord?

It would depend upon the terms and conditions of the landlord's agreement with the letter agent. It is not unusual for the agreement to state that the landlord gives permission for the agent to sign a tenancy agreement on the landlord's behalf.

Should the letting agent provide me with the landlord's contact details?

Under the Landlord and Tenant Act 1987, the agent is required to provide the tenant at commencement of the tenancy or within 21 days of a written request with an address in England and Wales for the tenant to serve notice should they need too. It cannot be a PO Box number. The agent does not have to provide telephone numbers. Details are normally contained within the tenancy agreement.

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