Can landlord claim full deposit back from protection scheme without me agreeing?

[bloodylandlords]

I'm unsure if they are being dodgy here.

They never sent a deposit protection certificate, and when I asked for this a couple of days ago they said they had claimed the whole thing successfully from the deposit protection scheme to pay 2 weeks outstanding rent owed.

They have sent me a deposit protection certificate today, but when I checked on the scheme's site it said there was nothing - presumably because they have claimed it all from them?

I didn't pay the last 2 weeks rent because I didn't trust them to not take a large fee out of the deposit, where they tried to say I had a full new tenancy with full fees, instead of continuing my lease.

At the end of the day, I've cut my losses and it's not the end of the world to lose it but it's just faintly irritating because I wasn't consulted by the deposit scheme to agree to the landlord taking the entire thing?

What is the point in that case?

I didn't pay the last 2 weeks rent

You can’t not pay your rent because you worry you won’t get your deposit back!! They were right to take the deposit to pay the rent. You’re very irresponsible.

You don't have to agree. You failed to pay 2 weeks rent - they have the right to take your deposit.

How much was 2 weeks rent compared to the deposit?

It's never a good idea not to pay rent and I don't quite understand about the fees? Was your deposit equivalent to the rent you owed or have they taken more?

Aside from that I think you should phone the deposit protection scheme and ask them to confirm if they ever held your deposit. They should have let you know that your landlord was claiming the whole thing and given you opportunity to respond before handing over the money - but in my experience they do this via email so if they have a wrong email address for you I suspect they would consider the landlord's claim uncontested when you didn't respond. Very difficult for you to check they have the right details if you don't know who they are though!

In theory there are pretty severe financial penalties to the landlord for not informing you where your deposit was held within (I think) 30 days of the START of the tenancy but I don't know how worthwhile it would be to pursue that when you've acted in bad faith yourself (sorry, I know a lot of people including my own very responsible but out of date parents recommend withholding the last rent payment to avoid deposit issues but under the current system there's really no need to).

I lose slightly less money this way, because they're not taking a full set of fees for a new contract, referencing, inventory and some kind of admin fee out of the deposit. It was a continuing tenancy and they were really taking the piss with that, but those fees were legal before the change in law earlier this summer, as they were saying they related to the date I renewed.

Obviiously I paid all the fees when I moved in - the argument was over a whole second set of fees.

If you signed a new contract when fees were still allowed then they (assume a letting agency l?) may still be able to come after you for any fees you agreed to in that contract. I'd get onto Shelter for some proper advice if I were you!

I didn't sign a new contract. They just emailed me a new one and I raised the issue with them then, we went back and forth for a while then they went quiet. When I gave notice, they sent me an invoice for the fees so I knew they were planning to take them from the deposit.

You could ask the protection scheme if they ever held the money but I think you've shot yourself in the foot by not paying OP!

As annoying as the fees are, if that was a condition of staying in the property then they are due.

Contact justice for tenants. Brilliant and free.

As annoying as the fees are, if that was a condition of staying in the property then they are due.

I believe things have changed now, but I don't regret not paying hundreds of pounds which essentially was a scam by saying it was a new contract, needing new everything.

As far as I can tell, it then became a rolling contract once my AST finished, as we didn't agree on the new contract vs renewal of tenancy, and they also didn't give me notice then they were happy enough as I kept paying the rent.

It has to be specified in your contract that they can use the deposit to cover any unpaid rent - was this a clause ?
Also contact the deposit scheme used and get confirmation your deposit was held with then and dates to and from and the amount.
Also, I’m pretty sure you should’ve had confirmation of the disputed amounts

There’s massive implications for your landlord if not held correctly and you could. Skin the deposit back
Check it out. If you owe the money then you owe it but if they have gone about it in the legal manner is another topic

Skin *claim

Not paying the rent was silly but I guess hindsight is 20/20!

For future reference: when I was approached by my letting agency demanding fees to renew the contract I just said no thanks, we'll go on to the rolling contract as per the tenancy agreement. They quickly backed down. I assume they are told by managers to present it as something you don't have a choice about, which is a bit sneaky. Always check your contract before agreeing to anything or handing over money!