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Original poster

Landlord did not protect deposit

105 replies

GreenIsle · 01/12/2022 10:58

Myself and DH just moved out of a long term rental. I had asked my landlord for an update regarding the deposit. He advised that he will come back to me next week when he has had the chance to view the property.

It turns out though that he never protected our deposit, where do we stand if he try's to dispute any costs and what can we do here. It was after 2013 so should have definitely been protected.

OP posts:
Original poster
GreenIsle · 12/12/2022 09:17

On Saturday evening the landlord came back to me to ask for my bank details (very blunt actually) still waiting on payment.

OP posts:
Wiluli · 12/12/2022 11:27

Your payment should be there a few minutes after as transfers take seconds . Please do not make other go through this with this rough landlord . Take him to court , or Ben if he pays you , you can still take him to court . It’s a very easy basic process and you area guaranteed to win

skyeisthelimit · 12/12/2022 11:31

If you get the deposit back in full then there is no harm done and personally I wouldn't report it to get more money.

If he does not pay it back, then 100% go down the route of reporting it.

If he uses a LA to find a tenant, then they are at fault for not making sure it was protected. I work for a LA and we protect all deposits ourselves, and if the LL wants to do it, we insist on seeing the certificate before passing the deposit over to them.

Whataretheodds · 12/12/2022 11:34

ProudThrilledHappy · 10/12/2022 11:59

He is waiting for his new tenants to pass their deposit on to you, which means he has no intention of following the law to protect their deposit either.
Stop waiting for him and send the letter, he shouldn’t be renting if he isn’t going to abide by the law and respect his tenant’s rights.

This. And if he hasn't followed this rule which others has he ignored.

Boiler safety check? Working smoke alarms?

jackstini · 12/12/2022 11:41

You need to claim the 3 x deposit
It has been far too long now - and I say this as a landlord!

Nsenene · 12/12/2022 11:45

GreenIsle · 12/12/2022 09:17

On Saturday evening the landlord came back to me to ask for my bank details (very blunt actually) still waiting on payment.

Take him to court for 3x. He's had plenty of chances. The law exists for good reason and he shouldn't get away with breaking it.

IncompleteSenten · 12/12/2022 11:48

I think now it's time to remind him that it should have been in a scheme and he's lucky you aren't claiming for the full penalty amount.

Everybodywants · 12/12/2022 11:49

He's had ages. He's taking the piss out of you. Don't let him.

whynotwhatknot · 12/12/2022 12:35

i would take himt o court to show him he cant do this with the next tenants who might not be as savvy

Original poster
GreenIsle · 14/12/2022 19:07

Update- landlord had asked for my bank details 5 days ago and no transfer has been made. I sent a message today asking for an update.

He said that the new tenants made him aware of a few issues and so once he resolved these and basically charges me for them he will come back to me. Also stated that he had 28 days to return deposit.

  • property appears to have not been inspected by him prior to new tenants moving in.
  • he is taking feedback about issues from new tenants and now putting them to me but very little communion on this.
  • I have advised I'm in seeking legal advice on this now because it's ridiculous.

The fixtures and fixings in this house are at least 11/12 years old with no maintenance by him. We have not even signed a contract on a few years.

It's causing bf me a lot of stress now. I don't want to be going down this route but I have to now.

OP posts:
Walkden · 14/12/2022 19:18

"He said that the new tenants made him aware of a few issues and so once he resolved these and basically charges me for them he will come back to me. Also stated that he had 28 days to return deposit."

So much for being a good landlord. Quite happy to charge you for issues. He has profited from your tenancy obviously and whilst quick to quote his rights has completely ignored his responsibilities and as pp have said should be reminded of them.

Stop being nice about it; you'll end up losing a large proportion of your deposit. If the landlord could keep 3 X your deposit he'd no doubt do so in a heartbeat

Precipice · 14/12/2022 19:22

"Also stated that he had 28 days to return deposit."

He had 30 to put it into a deposit scheme in the first place, but he doesn't seem to have cared much about that deadline.

PragmaticWench · 14/12/2022 19:27

It's not fun for you but he's created this situation entirely. Stand firm and get your money back. It's very easy and inexpensive to go to small claims court (presume N.I. is the same?). If he's not careful he'll have to pay 3 times the deposit to you.

In case anyone hasn't mentioned it, there's a rule of 7 years for fixtures and furnishings in a rental. So, the landlord can't charge you for a new carpet, only for one seventh of the total cost per year of the tenancy. Worth looking on Landlordzone for info on the exact details.

MardyHa · 14/12/2022 19:29

The great news here is that there’s no reason at all that you shouldn’t go for the 3 x deposit now, and you’ll be doing the new tenants a favour too, before he does the same to them.

CorporateBull · 14/12/2022 19:34

Please take this man to court asap. His behaviour is what gives landlords a bad name. You’ll have no trouble getting the money out of him, and his new tenants can do the same.

Itsoktogiveup · 14/12/2022 19:36

Tell him that you’ve been advised that he was legally obliged to protect the deposit under the deposit protection scheme and that, as he hasn’t done so, you have a legal claim against him for three times the amount of the deposit. Tell him that, WITHOUT PREJUDICE to your legal rights, you would prefer to resolve this quickly. Give him a 7 day deadline and say if the money is not received into your account by X date then you have no alternative but to start legal action against him for three times the deposit plus legal costs.

Also, more importantly, learn the lessons from this. I’m sorry to be harsh but you should have checked soon after moving in, and definitely before moving out, that your money was in the deposit protection scheme - and if it wasn’t you should have withheld rent to cover the deposit amount (I’ve done that, back before the deposit scheme existed). You trusted him and have been startlingly naive/lazy about protecting yourself, and I’d really suggest you work on that.

This is not legal advice.

whynotwhatknot · 14/12/2022 19:37

just report him to the deposit scheme-straight away they will charge him 3x the amount to give to you

he hasnt got a leg to stand on

Wiluli · 14/12/2022 19:39

GreenIsle · 14/12/2022 19:07

Update- landlord had asked for my bank details 5 days ago and no transfer has been made. I sent a message today asking for an update.

He said that the new tenants made him aware of a few issues and so once he resolved these and basically charges me for them he will come back to me. Also stated that he had 28 days to return deposit.

  • property appears to have not been inspected by him prior to new tenants moving in.
  • he is taking feedback about issues from new tenants and now putting them to me but very little communion on this.
  • I have advised I'm in seeking legal advice on this now because it's ridiculous.

The fixtures and fixings in this house are at least 11/12 years old with no maintenance by him. We have not even signed a contract on a few years.

It's causing bf me a lot of stress now. I don't want to be going down this route but I have to now.

Please take the legal advise given here and start court proceedings , he his a rough landlord he does not have a leg to stand on . You will get 3x the security deposit as what he is doing is knowingly withholding the deposit from you .

NotOnYourWelly · 14/12/2022 20:19

Hi OP, I’m sure this must be really stressful for you, but please don’t feel too overwhelmed. This situation is not of your own making and it’s time to take some control back. A few points that you might find helpful:

  1. landlord has legal obligation to return your deposit within 10 days of end of tenancy.
  2. In light of the situation, message and request the details of the scheme where he protected your deposit, as you intend to challenge any deductions he makes, and want the adjudicator to review and decide any claim he makes.
  3. A claim for not protecting the deposit is for UP TO 3x deposit amount PLUS deposit not returned.
  4. Failure to protect deposit within 30 days of receipt is strict liability, so liability remains even if he returns your deposit.
  5. HOWEVER, claims are time bound and would need to be made within 6 years of landlord receipt of deposit + 30 days. I suspect you’re out of time for a claim, but shrewdness on your part (ie asking about the tenancy scheme might just help the landlord to take this more seriously - may be your best chance of getting your full deposit returned.

I hope this info is helpful and hope you manage to resolve this very soon. Last thing you need in the run-up to Christmas. Good luck.

Notanevillamdlord · 14/12/2022 20:26

I always give deposits back straightaway. I glance over the property and providing it's not wrecked I always give the full amount back.

I can't be bothered disputing small stuff, ie needs thorough cleaning, hole in door etc. I accept as part of a landlord I will have to carry out some small repairs.

My properties are close by so I check them and give the money back on the same day. And I always protect using TDS.

If no luck after 10 days go for you 3 x deposit.

Original poster
GreenIsle · 14/12/2022 20:39

Thanks for all your advice. I have maintained the property well. The property agent even commented on how well it looked. We repainted before we left and cleaned inside and gardens properly. We resolved damp issues that were present when we first moved in. We hired a machine to clean the mattresses also. Further to this we paid our rent up to the end of November even though we handed the keys back 2 weeks prior. We have never missed a rent payment.

He is saying the new tenants have highlighted a broken freezer drawer and some of the tilt mechanisms on the blinds not working. Again these are at least 12 years old. He clearly wants us to pay to fix out of the deposit we haven't got yet.

I'm not letting this rest now he's made me angry. I'm also 28 weeks pregnant and my other baby's first birthday is in a few days so I really don't need this but hey ho.

Thanks again everyone.

OP posts:
ivykaty44 · 14/12/2022 20:40

I don't think this landlord has been following the law, get legal advice, or follow the advice to tell him he is breaking the law and you will take this further - he surely will not want to lose 3x your deposit? Was everything else correct about the tenancy, certificates etc?

Original poster
GreenIsle · 14/12/2022 20:42

ivykaty44 · 14/12/2022 20:40

I don't think this landlord has been following the law, get legal advice, or follow the advice to tell him he is breaking the law and you will take this further - he surely will not want to lose 3x your deposit? Was everything else correct about the tenancy, certificates etc?

What certificates.

OP posts:
FanniesFlaps · 14/12/2022 20:45

Yearly gas safety inspections certificates.

Original poster
GreenIsle · 14/12/2022 20:49

Gas inspection was due on September but this didn't happen.

The gas stove has not been inspected in about 4/5 years would this need certificates also.

I actually sound so stupid.

OP posts:
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