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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:

Original poster

Frosty6611 · 27/08/2018 12:52

@matte no damage at all other than minor wear and tear (few small stains on the carpets etc but he’s having them all replaced as soon as I move out anyway as he’s selling the property).
He seems quite clueless and I don’t think he even realises he needs to be doing an inventory (I haven’t mentioned one to him and he hasn’t ever mentioned one. He’s just saying he’ll pop a new lease over soon for me to sign).

OP posts:

greendale17 · 27/08/2018 12:53

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.

^I would do this too.

Original poster

Frosty6611 · 27/08/2018 12:54

@mind I think he’s worried I won’t leave when I say I will next Feb (I’m definitely not going to be staying longer than that we have a new property to move into then). He wants to sell then so maybe he wants a new lease signing to give him more protection in getting me out (not that I’m going to be causing him any hassle).
Signing a new lease doesn’t benefit me in any way though

OP posts:

Topseyt · 27/08/2018 12:54

Don't follow your Mum's advice. It is well intentioned, but bad. You would put yourself immediately in the wrong and immediately weaken your case against your stupid landlord. He could then pursue you.

Original poster

Frosty6611 · 27/08/2018 12:55

I won’t follow my mum’s advise as want to remain having the upper hand with him until I get that deposit back in full

OP posts:

Original poster

Frosty6611 · 27/08/2018 13:01

Just contact the DPS for further advice

OP posts:

Topseyt · 27/08/2018 13:06

You will know when the deposit has been protected, as whichever scheme your landlord uses should email email you about it, or post you stuff if you haven't supplied your email address (would suggest you do supply one).

Tell him to just protect it. Don't sign up for a further tenancy if you don't want to.

JessicaJonesJacket · 27/08/2018 13:06

The new lease may be because he's suddenly checked the law and realised that the advice around tenancies has changed. Depending on the wording of your old lease, it may be that you need a new lease to be compliant with current advice/legislation.

BewareOfDragons · 27/08/2018 13:13

Don't agree to this.

Tell him you will expect your deposit back in full. You have taken care of the house and been a good tenant. You will play fair and only ask for what you have given him UNLESS he turns into a greedy, grubby jerk and wants money for reasonable wear and tear and other things, etc ... and then you will report him and go for the 3x amount under the law (if that's how it works).

sirfredfredgeorge · 27/08/2018 13:14

Signing a new lease doesn’t benefit me in any way though

Tell him this, you could of course suggest an appropriate reduction in rent to make it a benefit to you.

BewareOfDragons · 27/08/2018 13:19

Signing a new lease will benefit him; he'll just backdate it.

Don't sign it. There is nothing in it for you if you do, and could actually be detrimental to getting your full lease back from someone who is trying to do it this way.

Just calmly tell him you won't be signing a new lease, you're leaving as agreed, and you'll expect your full deposit back within X days (2 weeks is it?). If that doesn't happen, then you will of course be pursuing him for the 3x the amount for failing to bond your deposit and follow the law.

Missingstreetlife · 27/08/2018 13:26

We used to do what your mum said before protected deposits, common sense as landlords always invented some damage to their neglected property. Not sure what can happen to you if you do this, but obvs you have to play safe if you want to sue. Not sure I could be bothered. Get proper advice from housing lawyer, advice centre or shelter

colditz · 27/08/2018 13:27

Don't sign anything

He's trying to hide the fact that he has broken the law.

I would ring him, no texting or letters, and explain that you expect your deposit back in full and in a timely manner after you leave the house on the agreed date, that you will pay rent until that date but you aren't leaving before hand and neither are you signing anything, and that f the deposit is not returned in full and in a timely manner, that you will pursue through court.

You are actually in a very strong legal position as long as YOU abide by the law. He's broken the law and he knows it, his best option is to get you to play along but don't. That's not in your best interests. You keep your end of the bargain - clean up and pay the rent etc, and you WILL get that deposit back as long as he's not a complete imbecile who will cut his nose off to spite his face - and if he does, the courts will flatten him.

gendercritter · 27/08/2018 13:30

The inventory absolutely is necessary but as far as I know, only because otherwise he has no grounds to keep any of your deposit if you damage anything. Any landlord who doesn't have one is an absolute idiot.

Don't sign anything new. Get a request in writing now for him to protect the deposit to try and protect you getting it back. I had a landlady absolutely refuse to protect my deposit despite repeated requests she do so. I was advised there was no point taking her to court as although I would win the case she would likely then just ignore any order to pay it back or me compensation - she lived abroad so it would have been expensive and time-consuming to chase her. She ended up keeping some of it and there was nothing I could do. So bug your LL now to protect it so they aren't able to claim they weren't aware of the law (though ignorance is no defence)

Gemini69 · 27/08/2018 13:34

Signing a new lease will benefit him; he'll just backdate it

Don't sign it. There is nothing in it for you if you do, and could actually be detrimental to getting your full lease back from someone who is trying to do it this way

THIS

wowfudge · 27/08/2018 13:38

Actually, if it were the last month of the tenancy and assuming the deposit was one month's rent, I can't help thinking the OP's mum has the right idea. He can't legally get the OP out so the best thing would be to return the deposit money now.

bevelino · 27/08/2018 13:41

OP, lawyer here. I agree entirely with @colditz.

HidingFromMyKids · 27/08/2018 13:42

Don't sign anything. Carry on as you are pay your rent and leave when you are planning to. Don't help him cover this mistake.

Do you think you will get your deposit back from him? You could just ignore his request to resign it's not like he can start proceedings to evict you with a section 21 because his actions mean it's not valid.

As long as you keep reasonable, pay the rent on time don't damage the property etc you are in the better position. Explain like a pp said that you will keep to your end if he does his. Excellent that you have him admitting in writing.

Malbecfan · 27/08/2018 13:43

What about Gas Safety checks? Did he forget that too?

I would ask your question on the MSE House Buying, Selling and Renting forum. I'm not an expert but I would NOT sign a new lease. You are presumably on a Statutory Periodic Tenancy which means you have to give him one rental period's notice to leave and he has to give you 2. If you are buying a new place, timescales can be variable. A new 6 month contract would tie you in to that period with no leeway. On the SPT, if it takes 8 months for the new place to be ready, you stay for 8 months. If he wants you out before you are ready, he needs to refund your deposit IN FULL before he can issue you with a S21, otherwise it is invalid and any court would throw it out.

Generally, advice is to pay rent in full then claim the deposit back. However, this pre-supposes that the landlord has acted professionally and legally. Yours hasn't, so actually, unlike lots of other posters, I think your mum has a point. What can he do if you take her course of action? You don't owe him any extra assuming your final month's rent = your deposit. He cannot make any deductions from you because you have no dual signed inventory. If he tried to do this, he would need to sue you as the rent would use up the deposit and his case would fail. However, please do check elsewhere.

swingofthings · 27/08/2018 13:43

Protecting any deposit now won't change the fact that he failed to do so when he was supposed to. He can't unbresk the law. You have 6 years to sue him.

You've got him over a barrel there's nothing he can do to protect himself from you suing him if that's what you want to do. Whether you just ask for your full deposit and move on or trying to get more out of him just because you legally can is up to you.

Original poster

Frosty6611 · 27/08/2018 13:52

@swings not interested in pursuing him for more as long as he gives me my deposit back in full.

@malbec there was one gas safety check done about 4 years ago and he’s just had another one done last month. That’s it in 6 years (he also admitted he kept forgetting to organise them :-/)
I’ve already bought a house but it’s being renovated so don’t want to move into it until Feb. I’ll def be moving out of here then regardless and won’t be leaving the house with any damage or in any sort of state.

I’ll not resign a new lease as don’t see the point. I’ll just ignore him about it and then move out when I said I will.

I’ve contacted DPS and Shelter for clarification so will wait to see what they say.

OP posts:

Original poster

Frosty6611 · 27/08/2018 13:53

And for those asking about my deposit amount - it’s £650 and my monthly rent is £550 so if I were to withhold January’s rent and keep that as my deposit then i’d lose out on £100

OP posts:

sprinklesandsauce · 27/08/2018 13:56

OP, I wouldn't sign a 6 month lease now, as you will be tied to it and have to pay rent for the full 6 months should you leave earlier. As you are on a rolling tenancy you only have to give 1 months notice.

The deposit has to be protected within 30 days of the tenancy agreement being signed, and also, he cannot evict you if he hasn't protected the deposit, so that is why he wants you to sign a new one, to cover his own arse.

He has probably had advice from a solicitor or letting agent.

mumsastudent · 27/08/2018 14:13

if he hasn't bonded deposit you are entitled -now- to receive the whole back or you could give notice & if he doesn't return it within 2 weeks after you left...he had 3 weeks (I think it is??) at the first contract to put in "bond" even if he renews with you & you have original contract it will show that he hasn't done it in that time frame no matter which type of "bond" he has done - so if for instance he gave you notice (ie no fault 2 month notice) he would be turned down because of it not being done the first time & because he has not done gas service each year. Idiot! ring shelter &/or contact one of these organisations www.gov.uk/tenancy-deposit-protection

mumsastudent · 27/08/2018 14:15

do not stop paying rent under any circumstances as this will show you up as a bad tenant when you rent from a decent landlord!

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