Deposit wasn’t protected - help please

[Frosty6611]

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

I won’t stop paying rent and I’ve never withheld it before either. I won’t be renting again from Next Feb as have bought a property that is being renovated.
Thanks for all of your very helpful advice everyone, much appreciated.

I'm not sure about this. I thought the idea of the TDS was that they mediate any disputes about deductions and don't release the money until both parties agree. It would be a lot easier for him to say 'I'm only giving you this £400 because xyz' if it's unprotected and much more hassle to prove and chase the remainder.

I'd go for 'Dear LL, I am happy to keep to the rolling monthly contract as this has worked for us both for so long. However I agree you should now protect the deposit as if you wanted to make deductions (I'm not saying you would of course!) they will be able to mediate and decide if the amount demanded is fair.'

This will probably stop him registering it if anything!

reading gov.uk it states that deposit must be in scheme for the whole time you remain a tenant in same property ie from the beginning so he cant bypass it by giving you a new tenancy & he really doesn't sound like knows the rules www.gov.uk/tenancy-deposit-protection/information-landlords-must-give-tenants

@Frosty6611 I work at a lettings agents, and this is how we understand your kind of situation.

If he registers your deposit now, it doesn't matter, it's still too late for him and you can potentially make a claim.

If he doesn't have an inventory, he can't prove anything is in a different state.

He is basically up Shit Creek.

You are the one who holds all the cards here.

He wants you to sign another tenancy, at which point he will try and do an inventory and register the deposit. Presumably, if wants to take an inventory, he needs to come and do one NOW as he doesn't have retrospective data. So anything in the last 6 years is irrelevant, as he can't prove it.

However, I'm going to go out on a limb and say he's trying to justify keeping your deposit. I would suggest that you have a frank discussion with him- tell him you aren't interested in going on to a new AST and are happy with your rolling contract, that you will happily give 1 month's notice, and if you think that you have damaged something that you will pay for, then agree a cost now (NOT wear and tear damage after 6 years!). Make it clear that apart from this, you expect all of your deposit back.

If he tries to argue about this, tell him that you are aware of the repercussions of him not insuring your deposit, but you are not planning on taking any action unless he tries to hold on to it unnecessarily. In that case, you are prepared to take him to court for it, where he will have to pay the 1-3 plus both of your costs.

If he still contests, then ask him to go post the situation from his perspective on landlord zone and get back to you. I can almost guarantee he will come back and agree!

But don't withold your rent- don't give him reason to be a dickhead!

And I can tell you from an experience that I wasn't directly involved in, that a no win, no fee case that didn't reach court cost a landlord about £8000 for a £550 deposit, even though the landlord had already refunded the deposit in full after the tenant moved out.

On top of what KnobJockey said, you've been there for 6 years, so almost any marks to walls etc would be FWT or costed at £0 - all deposit schemes consider 7 years to be the usual redecoration timing for rentals.

So even if he did magic up an inventory for the beginning of your tenancy he'd get very little awarded to him if you hand back the house in reasonable condition.

I'm an inventory clerk, I do the paperwork every day... and advice LLs and Ts alike. If you got to what was small claims court you will get your deposit back plus 1 - 3 times the deposit, so the least you will get is double your deposit, bear that in mind when/if he gets sniffy.

And yes, tell him to take it to Landlordzone... they will give him a short sharp lesson in how to Landlord properly!

I'd stay on the rolling month to month. The new contract is him buying time to sort his mess. Even if it wasn't bonded you are entitled to get it back or if he refuses, take him to Court. Gov.uk has great advice on renting & the law. It stopped my LL illegally evicting me:he's broken every law there is.

From Shelter’s website:
“You can ask your landlord to protect your deposit even if they have missed the deadline for doing this. It's better for your landlord to protect your deposit late than not at all. Most landlords will protect a tenancy deposit when they're asked.”
england.shelter.org.uk/housing_advice/tenancy_deposits/how_to_get_your_tenancy_deposit_protected

They also have a template letter you can use to ask your landlord to protect the deposit (available via the link above).

I suggest that you email your landlord to say that you don’t think a new tenancy agreement is necessary, but protecting your tenancy deposit immediately is essential.

I don’t think you should follow your mum’s advice to withhold the last month’s rent, not least because it won’t cover the deposit. And legal action shouldn’t be necessary unless he fails to protect your deposit.

I don’t think you should try negotiating with him now to get him to promise to return the deposit or whatever. You hold all the cards and don’t need to negotiate. He could promise and then not follow through. He must protect the deposit.

Also see england.shelter.org.uk/housing_advice/tenancy_deposits/tenancy_deposit_deductions_your_landlord_can_make (for when you move out)

@AnotherEmma legal action may be required -or even just wanted -even if he does decide to insure the deposit. He can try and magic up a million little problems that the OP has caused.

And I'm not saying that the OP is that sort of person, but thousands of tenants each year would take their landlortld to court to claim even if it was a genuine mistake, or the landlord gave all the deposit back. And they would win money and costs.

No, the point of protecting the deposit in a scheme is that if the landlord does make unfair deductions, they will review it and refund the deposit - no legal action required.

The OP could take legal action against the landlord because he failed to protect her deposit in the first place, but she’s already said that she doesn’t want to do that - she just wants her deposit back. Which she will, if the landlord protects it.

Your landlord sounds like an amateur and/or a crook. I am not that surprised about the deposit but the lack of annual gas safety checks is totally out of order! You have the upper hand here, keep your powder keg dry (hate those sorts of sayings but it fits) - try to get as much of your dealings with him in writing as you can (text, email etc rather than just face to face) and ideally get written evidence that he failed to redecorate within the past seven years (so can’t possibly charge for wear and tear), didn’t get the gas safety checks done and was aware this and the deposit issue was illegal. Don’t sign a contract now but do get the deposit registered. Absolutely still take advice from Shelter and again, keep records. Take a million photos when you leave the property showing clearly that you left it in good order and clean.

“ideally get written evidence that he failed to redecorate within the past seven years (so can’t possibly charge for wear and tear)”

This is completely unnecessary
The onus is on the landlord to provide evidence, not the tenant
Landlords can’t make deductions for fair wear and tear anyway

“This is completely unnecessary
The onus is on the landlord to provide evidence, not the tenant
Landlords can’t make deductions for fair wear and tear anyway“

Be that as it may, it won’t hurt to have a substantial amount if evidence ready just in case - the landlord is clearly a crook. There’s also an onus on the landlord to protect the deposit and to do annual gas safety checks but that didn’t help the tenant or provide any incentive at the time.

sign nothing and keep paying the rent. He has presumably not done the other things he would need to evict you ( read how to rent on gov.uk) so even if he gives you a section 21 it wont be valid. and even if it were he will never get to eviction before you leave anyway.

as you now have a gas safe just stay. give your written notice in accordance with the law when you are ready. he cannot unwind lack of deposit protection.

dont give him info, let him cock up!