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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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Original poster

Deposit wasn’t protected - help please

66 replies

Frosty6611 · 27/08/2018 12:13

I’ve lived in a private rented house for 6 years (short assured tenancy for the first year which has since rolled month to month).
My deposit was never bonded and no inventory ever done.
I’m moving out in 6 months time and have told my landlord. He now wants me to sign a 6 month fixed term lease and he also wants to bond my deposit (6 years late!)

My question - if I sign a new lease and he bonds the deposit does the previous 6 years of him not having done so then become void, or is he still in breach of his landlord duties and has to pay me it back in full when I leave?

I’ve always paid my rent in full on time and will be leaving the house in a clean state with no damage to anything. He’s not to be trusted so I’m worried he’s only wanting to bond my deposit now that he knows I’m leaving so he can try and keep some of it.

Thanks for your help

OP posts:

Faultymain5 · 27/08/2018 12:17

He's trying to avoid getting sued I imagine. You are owed, I think, 3 x deposit if the deposit is not protected. I remember a friend of mine claimed. Get some legal advice (Not mumsnet) before agreeing anything with the Landlord.

Confusedbeetle · 27/08/2018 12:19

No dont do this. He has broken the law and is trying to cover it. Get legal advice

MsSquiz · 27/08/2018 12:27

A deposit needs to be protected within 28 days of receipt by a landlord or agent.

I am unsure of all the technicalities involved, but we use www.depositprotection.com to lodge our deposits (I work in property management) and their website will probably have some info on there.

missbattenburg · 27/08/2018 12:29

No dont do this. He has broken the law and is trying to cover it. Get legal advice

This. He's trying to back track on a big error.

www.gov.uk/tenancy-deposit-protection/if-your-landlord-doesnt-protect-your-deposit

thatcoolpirate · 27/08/2018 12:30

He’s broke the law and can be fined. Speak to shelter if you can they’re really helpful.

TheMatteEffect · 27/08/2018 12:32

Was the deposit protection rule in place six years ago? Im unsure when it started.

Shelter are excellent at advising on things like this.

Original poster

Frosty6611 · 27/08/2018 12:33

Thanks everyone. I understand all the legalities with not bonding the deposit and how I could pursue him for 3 x if I wanted to etc. And I also know he’s just trying to cover his arse by trying to sort everything out now before I move out.
My question is even if he bonds my deposit now (6 years too late) will he still have to pay me it back in full when I move out due to the fact he bonded it so late? Or if I sign the new 6 month lease does that mean we’ll be starting from fresh with the time scale for bonding the deposit? Hope that makes sense. Finding it difficult to communicate exactly what I mean

OP posts:

Original poster

Frosty6611 · 27/08/2018 12:34

@thematte yes I was. I’ve already spoken to them and they were really helpful about a few things but they were vague about the point I’ve just mentioned above.

OP posts:

UnexpectedItemInShaggingArea · 27/08/2018 12:35

Can you call one of the deposit protection schemes and ask them? If he's not to be trusted then make sure you document EVERYTHING.

Why didn't you raise this with him 6 years ago?

Phosphorus · 27/08/2018 12:37

Why would you sign a new lease at all!?

You're leaving in six months, if the LL tries to give you notice before then, it'll cost them a fortune with the deposit fiasco.

Don't sign anything, just continue on the rolling contract.

Original poster

Frosty6611 · 27/08/2018 12:38

@unexpected because he told me when I moved in that he was bonding the deposit and I just assumed he’d done it. I didn’t know until recently that I should have received confirmation etc from the scheme so I rang them all and found out he hadn’t ever bonded it. He admitted to me (in writing) that he forgot to do it.
I just don’t want to sign another lease if it means he’s then able to cover his arse with the deposit going forwards. I’ll give Shelter another call tomorrow to try get more clarification

OP posts:

shuckleberryfinn · 27/08/2018 12:40

I'm not a legal bod but we are going through a very long process of getting our deposit back from our ex landlord who did not protect it, it's been 9 months, we've paid to take it through court, we've paid bailiffs to collect (he moved out of his house) and now we are paying for a lien on the property we moved out of, that could still not see us get our money back, there are further steps to take, all of which cost time and money. If you chose to sign a lease would your landlord inventory the property at the time of signing? Do you think you are likely to get your deposit back either way? What do you think he would say if you suggested instead that he gave you it back now?

wowfudge · 27/08/2018 12:40

It's up to 3x the deposit amount which may be awarded - it's a myth that you'll automatically get that. In your position OP I'd have a frank conversation with the LL and say you won't sign up to another fixed term on the understanding that 1. he'll refund your deposit in full and 2. you won't take legal action over the unprotected deposit. You are in a far stronger position than him because he can't serve a valid s.21 notice while your deposit is unprotected. You can of course refer to the previous good relations and that you want them to continue.

19lottie82 · 27/08/2018 12:41

Hi - Just to make clear you can claim UP TO 3 x deposit, but this is rare. The usual amount is just 1 x.

Personally if he wants to protect it now, I’d just let him. It means that he will have to return it and If he doesn’t have an inventory he can’t deduct anything when you leave anyway.

I know he has broken the law but you don’t really have anything to gain at this stage.

wowfudge · 27/08/2018 12:41

In fact - ask for the deposit back now. There's nothing to be gained by him in hanging on to it.

19lottie82 · 27/08/2018 12:42

In fact, better advice from wowfudge above.

Original poster

Frosty6611 · 27/08/2018 12:43

I guess he could carry out an inventory but he hasn’t mentioned this and he never did one when I moved in.
My mum is saying to just not pay him rent the month I leave and keep that as my deposit just to be 100% certain I get it all back

OP posts:

FocusOnMePlease · 27/08/2018 12:43

Personally this is what i would do: if you have always maintained a good relationship with your landlord and he is prepared to give back your deposit in full with a good reference I would let it go however if he is being an arse and or has been a nightmare to rent from i would look in to your legal entitlements from this school boy error re the deposit bond. If you can get out of your contract and move on with your returned deposit easily take that option because a fight will drain you emotionally and physically even if you win.

MsSquiz · 27/08/2018 12:44

@Frosty6611 it definitely sounds like he is trying to treat the 6 month lease as a new lease rather than an extension, to help him cover his arse!

I would keep all communication with him as written and speak to the DPS to see what the situation would be.

We you protect a deposit with the DPS you have to input the tenants details, start and end date of tenancy and the amount of rent/deposit paid.

Do you have a signed lease from when you first moved in?
Has he said anything about why he hasn't protected the deposit/why he suddenly wants to do it with effect from the new 6 month lease?

Topseyt · 27/08/2018 12:45

He doesn't sound trustworthy, so I wouldn't sign up for a further six months. Six years too late? He has probably spent it, I'd be willing to bet.

Get legal advice as others have said. If you need to move now then do so and don't let him stop you. Pursue him for three times the unprotected deposit amount. Don't try to enable his attempts to wriggle out of his fuck up.

TerfsUp · 27/08/2018 12:45

My mum is saying to just not pay him rent the month I leave and keep that as my deposit just to be 100% certain I get it all back

Please do NOT do this as it is terrible advice. The deposit is there to cover any damage you may have done; it is not there to be your last month's rent.

And this is NOT to defend what your landlord has done, which is illegal.

MsSquiz · 27/08/2018 12:49

WRT to the inventory, I don't believe that to be a legality.
But I don't understand why a landlord wouldn't have one when renting out a furnished property.

We prepare them for a landlord, give the tenant a copy on signing the lease. They take it to the property, go through it, sign and return. If anything is queried, we ask them to note on the inventory so we can follow this up with them at the time or if it's a minor thing we follow up at the inspections we carry out.

If I were a tenant and there was no inventory, I would make my own on the start of tenancy. Take photos of everything and a written note, then send it through to the landlord to make them aware. It is then much easier at the end of tenancy to have. Evidence showing how things were at the start of tenancy if you are being charged for damage that was already there, for example

TheMatteEffect · 27/08/2018 12:49

Has there been any damage other than wear and tear to the property?

Do not do what your Mum said; that could have negative consequences for yourself.

I think protecting the deposit now is probably a good idea - they mediate and you can to the inventory based on now, with the 6 years of wear and tear... Take photographs of all damages etc.

It depends as well if you can afford the deposit?

What he has done is illegal but do you really want the hassle of claiming back the money when you ahve to live with him for six months?

Original poster

Frosty6611 · 27/08/2018 12:50

@terfsup there isn’t any damage and I keep the house spotless, but I understand what you’re saying and won’t follow that advise.

I don’t need a landlords reference from him. I do have a signed lease from when I moved in and he’s said he didn’t bond the deposit back then as he forgot (clearly just spent the money though).
I reminded him that this was illegal and it seemed to panic him which is why he’s now wanting to do a new lease and bond the deposit (hes probably worried I’m going to take him to court so he wants it to all look more above board than it currently is).

OP posts:

Mindchilder · 27/08/2018 12:51

There's no reason to sign a new lease now, so why would you do that?

I would let him protect your deposit now. If there is no inventory or check in then he can't keep any of the money.

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