My Landlord is trying to take my whole deposit

[GreenHatsin]

I live in a big city, I've been paying £1000 per month for a 1 bed flat for the past two years.

My landlord decided to sell the flat and gave me three months notice (absolutely fine).

I found another flat to move into within a month. He wants me to pay the extra two months and he's sent someone round to inspect the flat.

He said he'll be keeping my entire deposit because I haven't kept the flat to a "good standard."

If I could post pictures of the flat without outing myself I would, however, it is immaculate. I have pictures from when I moved in and I've taken pictures today. It's cleaner than it was when I moved in. I know people say this, but it really is! When I moved in there was dust everywhere and junk in the cupboards.

What can I do here? I am absolutely certain that he doesn't have a case against me. If anyone looked at the flat they would agree.

@TheObstinateHeadstrongGirl all of my previous landlords have been fantastic. As I said, I always look after any property I'm in and my previous landlords have been great. I always get my full deposit back and and excellent reference. This isn't a LL bashing thread; I'm just shocked that this has happened.

This happened to me. It was really upsetting, I couldn't understand why they were doing it! Well, for the money I guess, though we seemed to have a good relationship during the tenancy. Anyway, I contested it with the Deposit Protection Service and won the full deposit. Hopefully you will too.

Check your notice period - it doesn't sound right that you have to pay the two extra months after you've moved out?

The TDS is on the landlord's side, not the tenants.
I had a dispute years ago where the estate agents produced an inventory that we had not signed (because it was wrong) and the TDS said where there was a dispute they take the landlord/estate agents' word over the tenants.

Kiss your deposit goodbye.

To add - I have rented for years in many different properties and this was the first time a landlord had ever tried to deduct anything.
But if you get a bad landlord, the TDS will side with them.

OP I am dying to know if you’ve found this certificate 🤣🤣

If you are a LL in England or Wales, you are wrong.

I assure you I am not

I'm a landlord. If he didn't put your deposit in the tenancy deposit scheme he's breaking the law. You can contact your local council and the HMRC too. There will be more info online, your local council and the Citizens Advice Bureau. Let him know you know the law and he'll shot himself.

If he didn't put your deposit in a deposit scheme within a month after getting it from you, he has no right to serve you with Section 21 (notice to leave). If he want to serve you with S21, he has to give you all your deposit back first. Only then he can serve you Section21.
Don't be fooled, know your rights.

Tenant can claim up to x3 deposit back from the landlord if the landlord failed to put it in the deposit protection scheme within 30days after getting it from the tenant. For x3 deposit you'll need to take him to court.

"Your landlord must put your deposit in a government-approved tenancy deposit scheme (TDP) if you rent your home on an assured shorthold tenancy that started after 6 April 2007. In England and Wales your deposit can be registered with:

Deposit Protection Service

MyDeposits - including deposits that were held by Capita

Tenancy Deposit Scheme"

Yeah you haven’t disproven my point, at all.

Legally it has to be in a deposit scheme.

I believe I have, legally.

Why don't you prove yours?

<bangs head against brick wall>

I know.

You can protect your tenant’s deposit whilst also keeping it in your own bank account.

You really haven’t.

You can protect your tenant’s deposit whilst also keeping the money in your own bank account.

Being a landlord I am pretty sure I know this.

But seeing as you’ve asked - www.tenancydepositscheme.com/learn-more/information-tds-lounge/faqs/

Your deposit can be ‘custodial’ or ‘insured’

It is too late for the landlord to protect the deposit in this case: he had to put it in a deposit protection Scheme within 30days after collecting it from the tenant. If he wants to serve Section 21, he needs to give all the deposit back to the tenant first.
His notice to leave is not valid without deposit in a scheme.

I’ll wait for the apology

There are two types of scheme. The Custodial Deposit Protection scheme. Which most people here are talking about. And the lesser known one which is v popular among bigger landlords (Eg corporates) as they can make money on the deposits: the Insured Deposit Protection Scheme. Where the landlord can indeed keep the deposit in their account until/unless there is a dispute.

Apologies you’re quite right. He has to return the deposit before re-issuing the S21.

Here is the Citizen's Advice on checking which deposit scheme the money is in www.citizensadvice.org.uk/housing/renting-privately/during-your-tenancy/check-your-landlord-has-protected-your-deposit/

I know someone whose landlord didn't protect his deposit and was easily and quickly awarded a multiple of the amount.

www.citizensadvice.org.uk/housing/renting-privately/ending-your-tenancy/getting-your-tenancy-deposit-back/

Personally, because I would feel vindictive in this scenario I would also consider the likelihood that he hasn't been paying tax to HMRC either, as he's still registered living there...

Being a landlord I am pretty sure I know this.

Details aside, this is a hilarious comment to make on a thread about a landlord acting improperly, on a forum which frequently has threads about landlords failing to comply with the law.

In both kinds of scheme, the landlord/agent must supply the tenants with legally prescribed information about their deposit and how it is being protected. As the landlord, you get access to the information pack, and instructions on how to serve it to your tenants, when you register your deposit.