To think a landlord should know about DPS?

[Tulip26]

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.

Still waiting to hear back from him. Am browsing agencies at the minute, might be worth paying the extra fees to save the hassle.

He hadn't forgotten, he apparently didn't know it was a legal requirement

We don't do deposits on advice of agent, tenants pay slightly higher rents.

A friend is in dispute over the Deposit (in scheme) they are LL and say they shouldn't get all as they didnt' pay all the rent due, former Tenants say they want all the deposit. It's a stalemate, so still not an ideal arrangement. No one wants to involve solicitors due to cost.

To reply to your point, whois, the first Ztime I was unaware of the scheme. The second two, I stupidly assumed that they were above board; I didn't ask till after I moved in. The last one told me he would protect it, but so far has not. Living in London on a shit wage does force you to rent at the lower end of the market, under unbelievable competition from literally hundreds of other tenants.

Hah, my place is not cheap, special. It's almost £1000 a month. Though that is cheap by London standards, it is still 75% of my take-home pay

Someone who doesn't know about protecting a deposit may also not know about gas safety, insurance, etc. run a mile.

You don't want a relationship based on trust, you are not going to sleep with him.

You want a relationship based on professional standards.

I agree it is not cheap for where I am - but then you say it is for where you are. So it IS cheap!

I am advised not to accept anyone for whom the rent is more than 40% of pay - the agent does the checks. And rents in my area are fixed by market forces - the rental market is active but price a property too high and it stays empty. The area is pleasant to live in and has work, but too far to commute to London. Which is what keeps our local economy real.

Sounds like a good way to do it, Special!

In London very few people's rents are anywhere near 40% or below, and still it can take several months to find a vacant flat. It is messed up.

Sorry for thread hijack, OP!

It has all been said really, but just wanted to echo some points.

I am a landlady. If a landlord/landlady takes a deposit then they are legally required to protect it using one of the government approved protection schemes, of which the DPS is just one. There are a couple of others too.

We do now have the possibility to protect the deposits via an insurance scheme rather than always putting them into protection accounts. I haven't tried that system. I am perfectly happy lodging deposits with the DPS and not keeping them myself. It just seems simpler.

The law on this is fairly simple and unequivocal. Landlords who ignore it annoy me.

In Scotland if the deposit isn't placed within 28 days of it being taken the tenant can apply to the court for it to be repaid. The court can order repayment of the deposit and 3 times the deposit as compensation. Scottish courts have done this.

There is a suggestion however the Scottish legislation permitting up to 3 times the deposit as compensation is not ECHR compliant. This is because it should be compensation not a penalty. The tenant hasn't actually suffered any loss.

If they don't protect the deposit in one of the 3 schemes they cannot serve a valid section 21 to start the eviction process.
So it's not in the landlords interst not to protect the deposit.