DPS & idiot LL

[UsernameNil]

I've been reading the rules about the DPS scheme and even trawled through multiple pages of LLZone but I can't get and info on this situation.

I need to be vague in certain details but let me just say, I'm dealing with a complete idiot. This is not a LL bashing thread, it's an idiot LL bashing thread (previous LL was fab btw)

Been in current private rented property a number of years, first 6 months AST then rolling SPT since.
First 6 months was managed by a letting agency then the LL was to manage when the tenancy went to SPT.

The LL has behaved like a total arse and is on a power trip at the moment and we are expecting a s.21 at any time because we won't be bullied in to unreasonable terms and living conditions (that's all I can say just in case LL is on here)

I've dug out the paperwork we received when we signed up for the tenancy and from what I can see LL has fucked up in quite a few areas.

One is the DPS legislation. The LA received the deposit and logged it with the DPS in the correct time scale, the only evidence of this is an email from the DPS to confirm. At no point was the prescribed information given to us (should have been within 30 days) and there is only a vague reference to the DPS scheme in the tenancy agreement, all about the LL's right to deduct and nothing for us to raise a dispute etc.
So that's one breach anyway.

However, looking at the email from the DPS it has the LA name and address under LL name and address. The LL's details are nowhere to be seen.
I've logged on to the DPS site but it doesn't show details for any LL or LA although it is still secured.

As I understand it, the LL should have changed the details and issued the prescribed information when we went on to a SPT. We didn't receive any email from the DPS to say any change was made, which they state that on their website.

I don't want any financial gain etc I just want what is owed to me. My deposit back in full (house is in better condition than when I moved in thanks to me) and a reference to secure another property. (And it would be the icing on the cake to put the willies up her so to speak ) I want out!

There are a few other issues but this is the one thing I can't get any info on.

As far as I can tell she's fucked isn't she? Any s.21 would be invalid and I can demand my deposit back immediately.

I want to leave but knowing this could help me secure a property I want rather than taking something I'm not happy with in a rush.

Any advice would be much appreciated.

I use a different protection scheme and when an assured tenancy contract is about to expire, I am notified and when I log in, I have 3 options. Tenancy is ending, tenancy is rolling, new tenancy contract with same tenant (which is treated same as a new tenancy contract).
My tenant isn't notified if second option is selected because the terms of the assured tenancy contract they signed remain valid when it becomes a rolling one - and it becomes a rilling one automatically when one takes no action.

I of course notify the tenant I made the change, but I can't see where it says I'm legally obligated to do so because it's still based on the same assured tenancy agreement and same inventory.

If it says that going from an AST to a SPT is classed as a new tenancy, I would double check what it says about re-issuing the prescribed information (or make sure you definitely did it when the original tenancy started).

With the DPS it doesn't classed an AST to a SPT as a new tenancy, but it is very specific about the prescribed information.

Sorry, it doesn't class an AST to SPT as a new tenancy if the terms remain the same.

The DPS also states that any details changed will be notified via email to LA, LL and tenant

Exactly, AST to SPT happens automatically if neither party does anything, so I can't see how it's one party's legal responsibility to notify the other of something that happens automatically. The deposit is protected under the terms of the assured tenancy contract that was signed. There IS no change to the terms. If I do nothing, the default is that it rolls to STP and deposit stays protected under the same conditions.

The case quoted has to do with a tenancy that began before the deposit scheme, not one that began after.

If you really want to start getting legal, seek actual legal advice from a solicitor. Shelter is help but they simplify and they aren't giving solicitor advise. When I've asked solicitor to clarify something, it was far from the black/white picture Shelter gave me.

I suppose me trying to not give too many details away has maybe confused what I'm trying to say about the terms of the agreement changing.

When the LA handed over the management of the property to the LL, no section 48 was given with the LL's address for serving of notices. The tenancy agreement only has her name on it but everything else is under the LA address, hence me asking about the address on the DPS email.

We've only ever had her mobile number. She informed us of this when she called us.

This is the grey area.
No details of the serving of notices has changed anywhere, paperwork wise, even with the DPS and on their website they say any change of address/LL is notified to the tenant via email. So I'm assuming none of this has been done.

I know now after looking into all this about rent and lack of landlords address but I'm not interested in withholding any money.

I just want my fecking deposit back

I'm sorry you're frustrated, but I'm not understanding why you think you wouldn't get your deposit back when it is properly registered and you're leaving it in excellent condition. Did you have an inventory done? The burden of proof is on the LL so the only thing I can think of is that you're worried she'll try it on and it will tie up the disputed part of your deposit for a week or two while it's resolved by a third party?

You've hit the nail on the head.

She's failed to maintain this house, refused to replace or repair things she has a responsibility for. When we moved in the place was a bit grubby but the location was great, the rent was fair.
We agreed between us that if we gave certain rooms a lick of paint she would replace the carpets. All worked out fine and these rooms now look lovely.
However, everywhere else is falling apart and she has point blank refused to sort it out. I'm talking electrics, sewage, kitchen and bathroom are on their last legs.

The issue for us has been having money upfront for the bond. We both work but it's just so much money we haven't got and we also have a cat. He's my daughters best friend, bless her so I can't re-home him. Trying to find another property that allows pets is not easy.

Because her lack of repairs/maintenance there rooms in this house falling to pieces and I wouldn't put it past her to try and get some money out of our deposit because she's a greedy cow. There has been an incident in the last week that proves she's just interested on squeezing as much money as she can out of us without anything being done to the problems in the house.

The inventory is crap actually. Only has information on what the colours of the walls/flooring etc is but not the condition of them on check in.
She's messed that up.

This is not something I wanted to happen. We are bloody decent people.
Because of her behaviour the last few days I don't trust her to give us a reference because we are in dispute with her over the repairs.

She's an absolute twat!

Some serious typos in my posts

I should stick to my laptop