Letting agent hasn't put whole deposit amount in DPS. Should I point this out?

[muntermonster]

Moved into a new rented house last month. Just discovered that the agent has put only £950 in a deposit protection scheme, whereas I paid £1600 deposit (via bank transfer, so I can prove it, also the higher amount is on the tenancy agreement). The agent is nice and I'm sure this is just an oversight, but I can't work out whether it's in my interests to point out the mistake. Not protecting the deposit obviously means she is not entitled to hold any back at the end of the let, plus I could sue if I wanted. I should say that I've never had anything deducted from a deposit as I'm a very good tenant, nor do I plan on suing her, but since my last landlord turned out to be a total arsehole I'm aware if the possible benefit of keeping some powers in case I need them later! What would you do?

Definitely make a fuss - v strange!

What's your monthly rent payment, OP? Your agreement should state exact monies and what happens with your deposit - you are correct in that the whole deposit should be lodged.

absolutely.
write to them politely that you have noticed that contrary to the contract not all of the amount seems to be logged with the deposit scheme.
ask them to give confirmation of the corrected amount within a week.

£950 per month. It is odd, yes, but what I'm trying to decide is whether it's actually in my interest not to point out the error.

it's absolutly in your interest.
if you don't you will never see the money at the end of the tennancy (probably).
if the ll gives notice over something like this you don't want to rent for them anyway...

So you haven't paid£1600 deposit, you've paid £950 deposit and a months rent up front most likely...

Are you sure 1600 is all deposit? Isn't deposit normally a months rent + 10 per cent or 100 pounds?

The agent should have given you a break down of your initial payment and as others have said, this should state your rent, deposit and fees individually. Ask for this if you haven't had it already.

No, it's £1600 deposit and £950 a month rent, as I said.

Not worried about being given notice over this - more concerned that at (as I said in OP) the LL loses certain powers as a result of the deposit not being properly protected, so might actually be in my interest not to point out the mistake.

There has been an explicit discussion by email of the amounts so no confusion about that.

It may be in your interest not to point it out as I believe if it's not fully put into a scheme, you are entitled to it all back? And as you have proof then more so.

Better to have it properly set up tho maybe?

It just seems really odd they would do that!

It sounds like an oversight to me.

Just make sure you keep a copy of the emails and your bank statement for future reference

If the agent has protected the incorrect/insufficient deposit amount, then yes, you are at an advantage by keeping quiet - though it won't endear you to the agent by not pointing out the error. £1600 is an unusual deposit amount, usually a month and a half's/6 weeks rent or one month plus £100 (can be anything - or nothing - of course). Sounds like the agent has deposited a months rent rather than your deposit ?

the responsibility ends with the landlord for protecting the deposit, and they should check that the agent hasn't cocked up. contact the landlord as well as the agent and ask for the whole sum to be protected.

possibilities:

• agent cock up
• agent theft

either can result in the money being lost.

the only 'power' you would get is to sue the landlord for 3 times the value of the deposit. It does not have any bearing on being given notice, and you can't have the contract terminated early for this anyway,you haven't breached the tenancy.

contact agent and landlord on Monday.

Thanks special ... wasn't worried about being given notice but if costs of having the deposit unprotected outweigh benefits, then yes I should say something ...