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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:
specialsubject · 08/06/2015 19:48

what? Deposit protection became mandatory in 2007!

www.gov.uk/tenancy-deposit-protection/overview

the recent change was (I think) referring to re-protection of deposits when tenancies went periodic.

WardenessOfTheNorth · 08/06/2015 19:49

I moved in here in 2010. When did the law change?

OP posts:
Sunnyshores · 08/06/2015 20:12

OP - your deposit should be protected.

Reprotection of deposits - Im advised by NLA that the law still isnt clear about what exactly needs doing on contrcat renewal.

Grumpyoldbiddy · 08/06/2015 20:19

Oh maybe that's what CAB meant. What's the difference?

Sunnyshores · 08/06/2015 20:35

Since 2007 EVERY deposit paid when you move in has to be protected in one of 3 schemes. You get it back (part, whatever) when you eventually leave the property.

A few months ago a judge seemed to say that every 6 months, or whenever the contract is renewed, or when it becomes periodic that the deposit has to be renewed again.

But the judge didnt say how to actually do this - unprotect the deposit, return it, ask for a new one, protect it? Just issue new paperwork with a new date of protection? Change the protection reference, can you increase the deposit amount? ........ The schemes havent got the software to enable this to be done either.

Seems ridiculous and again good landlords who do protect deposits are just being penalised having to spend more time and effort doing this. The crap ones dont care, they havent protected it anyway.

Grumpyoldbiddy · 08/06/2015 20:38

Aah, that's the difference. They've been renting for a lot longer than since 2007 and were asking for advice about this new thing. CAB said no need to bother, it's all too unclear.

specialsubject · 08/06/2015 20:49

will try to summarise. I am not a lawyer. It isn't relevant to the OP as the deposit hasn't been protected and she moved in 2010.

the deregulation act 2015 (also including the revenge evictions bill) means:

if a tenancy started before 2007 and it hasn't been renewed (most unlikely), then landlords must protect and serve info, otherwise they cannot evict under section 21. No fine if nothing done.
if a tenancy started before 2007 and has been renewed, any deposit must be protected by 23rd June. Otherwise fines for the landlord and no s21 evictions possible.
deposits taken and protected after 2007, with tenancies that extend/go periodic with no change of details; no reprotection required. (Overturns superstrike ruling - sensibly IMHO)

source:
www.mydeposits.co.uk/blog/deregulation-act-2015-important-tdp-changes-landlords-agents-and-tenants

why so complicated? Deposits should be protected on all tenancies, end of!

WardenessOfTheNorth · 09/06/2015 21:02

Just a quick update and to say thanks for taking the time to post.

LL agreed today to pro rata rent and the deposit back in full. Had confirmation in writing.

Huge weight off my shoulders. Smile

OP posts:
DorisLessingsCat · 10/06/2015 09:52

Yay! Well done (but don't relax until the money is in the bank).

I hope you are very happy in your new home.

specialsubject · 10/06/2015 09:58

excellent. You hold all the cards and they knew it.

let's hope no-one else rents the place until the landlord learns to run his business properly.

Sunnyshores · 10/06/2015 10:12

Fantastic news.

WardenessOfTheNorth · 10/06/2015 12:19

Thanks. I am beyond excited now. Our first home! It's also our forever home.

I will be waiting with baited breath until the deposit is in my account but I hope he understands that I will take it further if it isn't.

OP posts:
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