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Original poster

LL hasn't put deposit into a scheme.

37 replies

WardenessOfTheNorth · 08/06/2015 09:33

I found out yesterday.

We are moving out on the 16th, gave notice 2 weeks ago. The rent is due tomorrow and LL has asked for the usual full amount even though we will be leaving after a week me have given notice until the 20th.

Mentioned rent deposit scheme and it's been "held by landlord" for the 4 years I've been here.

We only got smoke alarms last year and we have never had an ectruc check even though I've had letters here stating there has been one (LL is in electrical business somehow)

He has attempted repair of boiler himself on many occasions and we have paid and had to do ourselves all minor repairs including a new element in the oven (waiting for LL to do it would mean not using oven for a couple of weeks).

Do I have to pay the entire months rent or do I pay up to when I gave notice, so up to the 20th June?

I'm worried he will keep deposit too as it's not protected. We have kept the house in good condition but walls are a bit grubby as we could only afford cheap paint every year. A few slats are broken on blinds as a cat came through the window and jumped back literally straight through the blind and snapped the slats after seeing my parents' dog was here. I'm assuming he will say he needs to keep all of the deposit to repair them.

He already has someone lined up as a new tenant as he said he's showing them around when they come to get the keys and do final inspection.

Any advice before tomorrow please!

OP posts:
Original poster
WardenessOfTheNorth · 08/06/2015 09:34

Oh my god...the typos Blush

OP posts:
expatinscotland · 08/06/2015 09:35

What he has done is illegal.

specialsubject · 08/06/2015 10:34

deposit non protection is illegal, regardless of anything else he may or may not have done. One scheme does leave the money with the landlord, but you should have had deposit protection information within 30 days of moving in.

www.gov.uk/tenancy-deposit-protection/if-your-landlord-doesnt-protect-your-deposit

so sue his sorry arse.

electric check and smoke alarms not mandatory (although smoke alarms will be soon). If the house has gas appliances, annual gas safe certificate is mandatory. Got one of those?

www.gassaferegister.co.uk/advice/renting_a_property/for_tenants.aspx

no certificate? Report and sue his sorry arse.

rent: your notice of one month expires on the day rent is normally paid.

you've been renting a dump from a crook so take no prisoners. Also please be informed of your rights for your next rental and make sure you get them.

DorisLessingsCat · 08/06/2015 10:38
  1. Re the rent. What does your contract say? You normally give notice on your rent due date and move a month later, if you move during the month you are liable for the full month's rent.
  1. Re the deposit. He can still hold it if it is registered with an insured scheme. Although from what you have said that sounds unlikely.

How much is your deposit vs your rent? Can you afford to wait for your deposit back?

A clear letter, either sent registered post or handed to him, stating how he has broken the law, the implications and what you want from him, should get your deposit back plus possibly some wiggle room on your rent.

Original poster
WardenessOfTheNorth · 08/06/2015 12:57

Hi

Yes we have gas safety certificate. His friend comes here once a year to issue it.

Lease is a pack from Tesco and says 2 months notice. It so says about rent deposit scheme and that LL duties include maintenance of outside of property. So I'm guessing he hasn't read it.

Rent is £200 higher than deposit due to rent increase over the last 4 years.

We are thankfully moving into our first property due to gratefully received inheritance covering a deposit. So no more renting! That's the reason we are leaving at an awkward time in the month as we couldn't give notice until we exchanged and completion was given for 2 weeks later. We can't afford both rent and mortgage payment. Especially if he keeps deposit.

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specialsubject · 08/06/2015 13:12

well, the gas cert is something - assuming (extreme cynical mode on) that his friend is actually on the gas safe register.

you are bound as a tenant to give a month's notice to expire at the correct time, this is a pain when you (rightly) don't give notice until exchange but it is the law. So you need to pay the full month's rent. But the notice cannot be two months, contracts can't override the law.

if he hasn't protected the deposit then you can sue him for up to 3 times its value.

Original poster
WardenessOfTheNorth · 08/06/2015 13:21

Thanks for the advice. I will send him the full rent tomorrow.

I will mention the deposit scheme law and consequences (well, DH will as I'm a complete wimp with confrontation) and hopefully we will get the amount in full back from him.

I can breathe easier now!

OP posts:
SingSongSlummy · 08/06/2015 13:27

You are entitled to three months rent back in compensation if it is proved that your deposit had not been correctly protected I believe, so do pursue this!

specialsubject · 08/06/2015 13:28

not three months rent. UP TO three times the value of the deposit.

DorisLessingsCat · 08/06/2015 14:55

You're not entitled to it, you have to take it to court and a judge will rule. And it is "up to" as special subject has said.

Usually the threat of action is enough to get your deposit back.

lalalonglegs · 08/06/2015 15:46

I wouldn't pay him a full month's rent if notice was given in writing for 20th June a clear month before that date (it used to be that you had to give notice to coincide with the rent date but that is no longer true). Work out the day rate for the property (12 x monthly rent amount then divide by 365 and multiply by number of days you owe until move out day) and send that - he doesn't have a great track record for looking after his tenants' money in a trustworthy way. I would also take a lot of photographs of the property when you move out with a copy of that day's newspaper in case he tries to blame any damage on you.

Original poster
WardenessOfTheNorth · 08/06/2015 16:26

lala that is what we intended to do initially and why I posted here for clarification. Will have a google and find out about the notice period not having to coincide with payment dates...thank you.

With regards to damage I know he will try and blame a lot on me. He didn't do an inventory before I moved in (I moved in on the day he completed on the house-found him through person along the house). There is a huge hole in party wall in kitchen but he wouldn't have seen it as there was a fridge there. We room lots of pictures of nails in walls and state of walls and all holes and exposed brickwork in kitchen but we were burgled while we slept and my laptop was stolen.

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Original poster
WardenessOfTheNorth · 08/06/2015 16:27

I read that back and It sounds awful. I'm screwed.

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specialsubject · 08/06/2015 16:52

with no inventory HE is screwed.

you do still need to meet your legal obligations for rent payment, though. Two wrongs do not make a right. That said, it may or may not be rent payment date; as noted, find out.

Original poster
WardenessOfTheNorth · 08/06/2015 16:56

Everything I'm reading says it had to be from rent due date. Looks like rent will be in full then. I don't want to give him any ammunition if it did go to court. The house will be clean and in good order and he would have received a full months rent despite us only being in the property for a week from paying.

My DF to me to hold onto keys until the 9th July which is when the rent will be paid until. Makes me feel uneasy playing games though.

OP posts:
lalalonglegs · 08/06/2015 17:11

It has definitely changed so that LLs don't have to give notice on the rent due date but perhaps not the other way, in which case, I apologise for my misinformation. But yes, he is screwed if there is no inventory. And definitely don't return keys until the end of the tenancy or allow access if you can work a way of keeping him away.

I would suggest pointing out that the flat is in quite a state which is entirely not your fault (he can check the problems against the inventory Wink) and you will pay rent until xx date in order to allow him access from that point onwards to make repairs and hold viewings for prospective tenants after then. If he were to wait until mid-July, he may well find that he is hitting the summer doldrums and end up with a nice long void period.

Original poster
WardenessOfTheNorth · 08/06/2015 18:09

Part of me just wants to pay, get my deposit back and then just retreat to my new home and not have to think about LL ever again.

OP posts:
specialsubject · 08/06/2015 18:37

no reason that can't be done. He's broken the rules so you hold all the cards. Tell him what he could be liable for, and then suggest what you have written.

he should be grateful. Especially if you are going to cross paths with the prospective new tenant who should be running for the hills!

mysteryfairy · 08/06/2015 18:58

Are you moving locally? The overlap period might actually be a good opportunity to do some bits to your new house if you can bear to stay in rented for a bit longer. Much easier for example to paint empty rooms.

Sunnyshores · 08/06/2015 19:07

He has to prove you have returned the property in a worse condition than the move in inventory. Obviously without an inventory he cant do this, so dont worry about this side of it.

Re the deposit, there are only 3 schemes with whom he could have protected it. Ring all 3 with your name and address, they will tell you if its been protected. If it hasnt been protected, its up to you. Id like you to sue him, hes a disgrace! But at least you should just ask for your full deposit to be returned by x date, or say you will have to take it further. He should jump at the chance to pay you it!

Re the plumber friend, I dont believe him Im afraid - check him on www.GasSaferegister.co.uk and if hes not listed, add that to your letter as more amunition. and sue his sorry arse

Original poster
WardenessOfTheNorth · 08/06/2015 19:14

I'm moving 40 miles away. We are going to approach him and say we need the deposit back in full by the Friday after we have moved out and that we will be seeking legal advice if not received.

I don't think he will go for pro rata rent as they are very grabby and I don't want to be the bad guy and not pay rent. Plus I have a feeling he will need my rent payment to return my deposit!

I'm doing the right thing aren't i??

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Original poster
WardenessOfTheNorth · 08/06/2015 19:18

The plumber is registered Smile

I'm smiling because at least I know I'm safe for a week

OP posts:
Original poster
WardenessOfTheNorth · 08/06/2015 19:21

Searched on Mydeposits.co.uk.

No results returned.

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Sunnyshores · 08/06/2015 19:28

check DPS and TDS too.

Grumpyoldbiddy · 08/06/2015 19:34

It's not true that it has to be protected unless you move in after the change in law.

I know this as I spoke to someone on Friday who has just been advised of this by CAB. There is a cut off date some time soon when all new deposits have to be in one of the schemes but if someone moved in before the cut off point the LL can't be fined (although it is good practice)

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