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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

To think a landlord should know about DPS?

35 replies

Tulip26 · 05/03/2014 12:57

I'm looking at moving house as my current place is being sold. Trying to go via private landlords to save agency fees and also, they are keener to accept pets.

I have given a preliminary 'yes' on a place that fits my requirements, however the landlord is saying he's never heard of Deposit Protection Scheme and that he wants a relationship 'based on trust.' I have sent him a link to the DPS website and explained that it protects both parties.

AIBU to want to run a mile, far away from this property? I haven't signed anything yet.

OP posts:
Original poster
Tulip26 · 05/03/2014 12:57

www.tds.gb.com

OP posts:
profplumagain · 05/03/2014 12:58

YANBU Don't touch that LL with a barge pole.

BettySwollocksandaCrustyRack · 05/03/2014 12:59

Run for the hills!!!!!! You need a LL who plays by the rules, any decent LL full well knows about the DPS scheme and if they don't for a start they are breaking the law and it doesn't say much about their morals as a LL for starters.

Based on trust?? My arse, it's code for I don't give a shit!

Cravey · 05/03/2014 13:05

Bloody hell. Run away. Fast. He's breaking the law and his morals may well turn out to be not so good. Don't go near him.

Bumblebee333 · 05/03/2014 13:08

if he feela that way he shouldn't ask for a deposit at all. That would be a relationship based on trust.

As someone who has just take someone to court for not protecting it and won, tell him it is in his interests to protect it as it is the law and he can and will pay up to three times the amount if he chooses not to.

WooWooOwl · 05/03/2014 13:08

YANBU!

craftynclothy · 05/03/2014 13:08

YANBU.

Either he's not trustworthy and lying when he says he doesn't know about it OR he genuinely doesn't know about it, which would make me wonder what else he didn't know about (insurance, gas safety, etc.)

Pobblewhohasnotoes · 05/03/2014 13:09

I thought you had to use dps? Don't do it, the LL sounds dodgy. You won't get your deposit back.

Original poster
Tulip26 · 05/03/2014 13:14

I've asked about gas safety. He says everything is tested and I will be wanting to see the certificates.

He does sound genuinely clueless and thick rather than lying TBH. I am waiting to hear back from him after sending him the link.

OP posts:
Greenkit · 05/03/2014 13:17

Can I ask a question?

My mum is renting from a husband and wife, they are probably in there 70s, and are renting out about 6 flats where my mum is, not sure if these are the only ones.

Anyway they didn't ask for a deposit, so I don't know if they have broken rules or it doesn't apply?

Cravey · 05/03/2014 13:17

If he wants a tenancy based on trust then suggest you don't pay a deposit. He will soon come back to and suddenly know all about dps. He maybe just a tad thick but this is about protecting you and him. I would be avoiding this like the plague.

Cravey · 05/03/2014 13:18

Green kit, there was no deposit so does not apply. You don't have to take a deposit if you choose not to. However it covers costs for a lot of things so is usually required.

mymiraclebubba · 05/03/2014 13:20

Greenkit. - Deposits are a standard but not compulsory thing so nonrules being broken! Local authority housingddoesn't ask for a deposit either. I would assume their agreement states they are responsible for any damage.

Stinklebell · 05/03/2014 13:20

If he wants to take a deposit then it's illegal not to put it in a protection scheme, and he could be liable for paying back 3x the deposit if he doesn't

Greenkit · 05/03/2014 13:31

Thank you for the replies (Sorry for thread hijacking) x

FoxesRevenge · 05/03/2014 13:31

What stinklebell said. He can end up paying you the deposit plus compensation if it all goes tits up.

If he is clueless he really is exposing himself to dodgy tenants here who will rip him off.

If he's dodging the scheme though then he's asking for and will deserve the trouble he may find himself in.

For your sake I hope he's just clueless and takes on board what you have told him about the DPS.

If he really wants to keep hold of the deposit he still can as some schemes allow you to. It still has to be registered with the scheme though to be legal.

Sicaq · 05/03/2014 13:33

I've rented from four different landlords since that law came in. Not one used the scheme; three claimed never to have heard of it and one had but demanded that I should just be able to "fucking trust him" instead.

It's a great idea in principle, but rarely used in my experience.

Inertia · 05/03/2014 13:34

If he wants a relationship based on trust then there's no need for you to pay a deposit is there, what with all that trust and everything?

whois · 05/03/2014 14:04

It's a great idea in principle, but rarely used in my experience.

Why on earth would you rent from someone who won't comply with something so easy and cheap? If they won't use DPS don't touch the rental with a barge pole.

Honestly, people complain about shitty landlords but go into tenancy agreements with someone clearly dodgy cos it's cheaper and easier than looking for a decent rental.

specialsubject · 05/03/2014 14:06

he is clueless, which does not bode well. Does his mortgage company know he is renting the place? Do the insurers? If not, the place could be repossessed, or if there is a fire then it will not be covered. And YOU will be the homeless one.

if a deposit is taken, it must be protected, that's the law. Those who rent from landlords who don't protect deposits can expect a shafting from all directions as the landlord is clearly not bothered about the law.

But what sane landlord wouldn't take a deposit? You could trash the place and he'll have no comeback. (not saying you would do this of course!)

renting a property is a business transaction, and thus needs to be covered by a formal agreement on both sides. Feel free to spend time educating your landlord, but why bother when there are so many others who know what they are doing?

specialsubject · 05/03/2014 14:07

listen to the wise words of whois. So many on here complaining that the cold, draughty place they decided to rent didn't magically improve, but it was cheap.

eurochick · 05/03/2014 14:11

Sicaq it is used very commonly and tenants would be well-advised to walk away from any LL who doesn't want to use it.

Wibblypiglikesbananas · 05/03/2014 14:20

Absolutely don't go there. I'm both a landlord and a tenant and this kind of landlord is the type who gives all landlords a bad name. And quite frankly, if he's not bothered about the DPS, what else isn't he bothered about? Idiot.

Renting from him will only lead to trouble. He may well be a bit clueless but landlords have legal responsibilities. Ignorance of these is no excuse.

By way of contrast, I use an agent for my property, provide electrical safety certification even though this is not legally required, make gas safety documentation available, give my tenants a pack about the property and surrounding area, they have my and my husband's contact details in the event that the agent can't help, and OBVIOUSLY all money is protected in the DPS - need I go on? I have permission to let from my mortgage provider, landlord's insurance, have redirected all post, blah blah blah. Do you really want the hassle of him not having done any/all of the above?

ButternutSquish · 05/03/2014 14:54

He doesn't have to put it in the tenants deposit scheme. There is an alternative where the landlord goes down an insurance scheme route. Most don't though. I would suggest that you go elsewhere

dreamingofsun · 05/03/2014 15:00

he might have just forgotten about it - i didn't remember the name of it initially (our current tenants have both been with us for quite a few years - hence i hope we are good landlords).

to anyone who says their landlord doesn't use it. The landlord is leaving themselves open to potential risk - they get fined a lot of money if this is the case, and if i was a tenant whose landlord refused to return a deposit i would threaten them with reporting them and the resulting fine