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Rental deposit

9 replies

Marie1x · 23/11/2021 05:46

I am due to move out of my rental property next week and I am going to give notice as soon as I get my keys for our new house and pay my last month's rent next week giving a months notice to my landlord. How would I go about asking for the deposit has my landlord doesn't think I paid one. I have lived in this property for 10 years and had 3 different landlords. When we moved in I paid the deposit and 1st months rent. When the first landlord sold the house I never got my deposit back so assumed it would just pass onto the next landlord but my current landlord doesn't know anything about a deposit because obviously I didn't pay it to him. I had never heard about the deposit safety thing either so know it's not in one of them. Should I just accept that it is gone?

OP posts:
MrsSchadenfreude · 23/11/2021 06:11

Do you have proof that you paid it to the first landlord?

Purpoole · 23/11/2021 06:12

Try this england.shelter.org.uk/housing_advice/tenancy_deposits/change_of_landlord_or_agent_what_happens_to_the_deposit

Your deposit should be proctected in one of the three schemes. You can check each directly.
If it’s not and your current landlord doesn’t know anything then don’t wait, go directly to the free dispute resolution service and get things moving. They are really helpful and should help sort this. You are due compensation if it hasn’t been protected.
It was the new landlords responsibility to ensure this was dealt with when buying with a tenant in situ. Good luck.

Subbaxeo · 23/11/2021 12:55

I think the deposit scheme only came in in the last decade. So if you paid it more than 10 years ago, it’s unlikely to be protected. Did you give it directly to the landlord or through an agent? If you gave it direct, can you contact the original landlord? If not, sadly, I don’t think you’ll get it back.

Subbaxeo · 23/11/2021 12:58

Sorry-my bad-it started 2007. Do you have proof it was paid?

Marie1x · 23/11/2021 13:39

I dont think I have got proof anywhere. It was in 2010 when I moved in here so along time ago and it was my first house and was only 20 so didn't think to get proof or anything. It's just a shame really that landlords can get away with it. I'm not saying my landlord knew about the deposit but the previous ones did so should have passed it down. My current landlord doesn't really know the ins and outs of being a landlord really. He has been the landlord for 3 years and I've never had a gas safety check since the previous landlord.

OP posts:
PurBal · 23/11/2021 13:42

If you’ve never had a gas safety check (or an electrical one for that matter) and your deposit isn’t lodged with the DPS then your landlord is breaking the law. I’d contact CAB.

Justbetweenus · 23/11/2021 13:46

The current LL presumably doesn’t think there is a deposit to protect so they are not breaking the law in that regard.

MrsSchadenfreude · 24/11/2021 05:56

We were renting from 2007- 2009 and our deposit was in one of the schemes. We got it back plus interest!

maofteens · 26/11/2021 19:32

Do you know for a fact your current landlord thinks you didn't pay a deposit? It would be very unusual not to have done so, so the presumption should be that you have.
When I bought a flat with tenants, I got all the documents - lease, deposit reference number etc. The landlord I was buying from was fairly unscrupulous but even he had registered it properly.
And if you haven't had the regular checks (gas and now electricity) plus all the info for tenants required by law it doesn't matter if the current landlord was the original one or not - they are responsible now.

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