Landlord didn't deposit into protection scheme

[Reallyyyyyy]

Hi

We just moved into a new property 3 months ago. All going well. Estate agents popped round the other day to say they forgot to put my deposit in a protection scheme and they would need to send a tenancy surrender. Send the deposit back to me. Then I re send it and then sign a new tenancy agreement.

I wasn't happy about this as I wander what else they cocked up! But I agreed and said i wanted a longer agreement then. They agreed. They are now saying I need a brand new check in and tenancy check and it has to be done the day before my rent is due, so this will now change my rent date also.

Is this the correct procedure? Surely they can just out my deposit into a protection scheme now!? And maybe I can write a letter to say I'm aware etc. It's just an awful hassle. I now.need to reschedule meetings to accommodate this new check in as it will take a few hours and I want to be there to make sure they don't miss anything and try and blame me for it when we move in the future!

They fucked up badly.

https://www.citizensadvice.org.uk/housing/deposits/taking-your-landlord-to-court-if-they-havent-followed-the-deposit-rules/

Don't sign anything, or do anything. Speak to shelter.

They are trying to cover their tracks! As they have massively fucked up!

Yep, you are holding all the cards here. Don’t be pushed into anything.

Oh shit! I have fucked up also as I was in a state of panic and they called me Friday night and sent everything to sign on docu sign. We where in such a panic because we want to comply as we thought if we didn't we could be told to leave! It was all a bit rushed.

I supposed at least I know now that it will be protected and I managed to get a longer tenancy agreement.

I'm assuming I should just let it go now!

I have just been questioning it now since then!

They haven't sent me back the deposit yet.

Actually they said they would use my deposit for this next rent due next week. Send me back the difference. Then I need to resend the deposit to them. So the money returned plus my normal rent amount together.

Am I in a sticky situation now?

You’ve not done anything wrong. They have. You’ve got the longer tenancy you wanted. You could perhaps have squeezed them for more but I think it’s done now.

Speak to Shelter and explain everything. Don’t sign or agree to anything else in the meantime. In the future, make sure you know your rights beforehand!

Ok thank you everyone. I'm might use it to my advantage as I want to rent a business space from them and they have quoted a silly amount! Thank you all!

Oh OP you should not have signed the docusign. Theyre trying to save their arses, they had no right to ask you that. You need to speak to their CEO. And find out if you can cancel what you’ve signed there may be a clause.

As a tenant you’re as protected as you could possibly be, they really fucked up this one

Also don’t agree to the way they want to use your deposit as rent. You’re opening yourself up to be screwed ovwr

The idea is that i pay the deposit again next week. But my current deposit is used as rent.

I have a better tenancy agreement this time.

There is no CEO. The owners is a well to.do family. And you only rent through them if you know the right people. So I don't want to push it either as I won't find another property like this and it's really perfect for us.

I just wanted to make sure this isn't somehow going to blow up in my face!

Them being well to do or exclusive doesnt mitigate your rights.

Theyve broken the law and intimidating you into it being your problem. They’re actually liable for 3 months worth of the deposit owing to you now. They might want to think before they don’t return it to you and use it for rent again.

What are you worried will actually happen if you don’t comply? What is the date on the document you signed today?

@JandamiHash well I'm worri3d they will ask us to leave if we don't comply! I have already moved in settled, moved schools etc with 4 kids!

Ok even more stupid that i didn't check the dates. There is now a 6 month break clause for us and 18 mo th break clause with the correct dates. But the actual tenancy dates are blank and has 2024.

I've been very stupid

I will make a bit of a stink when they come round i think!

Don’t worry they can’t just ask you to leave there’s laws and a process and a bill that’s going through Parliament to stop landlords from evicting tenants who pay their rent. So there’s no new date on the new contract of when the tenancy starts? I really don’t think this flies legally but Shelter can help you!

@JandamiHash thank you! I shall call them tomorrow!

Your best bet is to go on live chat with Shelter as they send a transcript of your chat with some useful links to templates etc that can help. Good luck OP!

Any update?

So, I cancelled the inspection as we all seem to have come down with an awful virus. Possibly covid or similar. My DH has had it for a week, I came down with it starting Wednesday evening. Kids all off of school.

I did call them and caused a bit of a stir and quizzed them on why it happened. She said they don't normally deal with the estate and the guy who managed the estate was the one who was supposed to do it. (He is useless at the best of times) i said ok, and I will bring it up with him as I'm already unhappy with him with regards to trying to charge us extra for a shed that's already on the property.... so when I'm well I will be having it out with him.

She said they date the tenancy agreement after it's been signed. I can't be bothered to look into or argue as I'm just happy I got the longer tenenany I asked for. All they asked was I send new metre reads

They sent me the whole deposit back for me to resend in the end. As they wanted to refund me the rent amount. Then I repay the whole deposit and they would reimburse me for the £400 odd difference in a week. I said no. I don't have an extra £400 spare for this when you cocked up in the first place. Regardless as to whether you send it back later. I said you told me we would do all transfers in the same day. Now you are saying some back to me now rest later.

She said its because they where worri3d I wouldn't send the whole amount back. So I said either send all to me and I send it back straight away, or don't bother and we can take it further for not placing In DPS in the first place. They sent it to me quite sharply. And I sent it back as promised.

I think I just need to be firm when dealing with them. Especially as I have a few other issues which I think will now work in my favour!

Thank you all for your advice.