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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:
ShellsOnTheBeach · 14/12/2022 20:52

@GreenIsle - please talk to the DPS. They are very helpful.

ivykaty44 · 14/12/2022 20:53

all gas appliances need to be checked when the gas certificate is done annually, do the gas boiler, gas fires, gas cooker

The fire alarms need to be tapped into the mains (not battery operated)

If this has not been done and he is renting the property out, then he can be reported

FurAndFeathers · 14/12/2022 20:59

@GreenIsle i think you need to communicate very clearly to him that he should legally have protected your deposit and you refuse to accept any deductions not done through the legal deposit protection scheme. You require you full deposit returned within24 hours or you will be claiming the full amount owed to you for an unsecured deposit (3x the original amount)

or tbh at this point I’d just go ahead and claim that amount anyway as he’s clearly a chancer

Stomacharmeleon · 14/12/2022 21:02

Probably wouldn't hurt to also send a copy of any correspondence to the letting agent as I imagine they will put him right.

MardyHa · 14/12/2022 21:26

It actually sounds like it might be a dangerous property to live in.

Chimna · 14/12/2022 22:01

He's taking the piss. Reply and tell him you know the deposit wasn't protected and would like it back in full with compensation within 24 hours or you will take legal action with a copy to the agents.

mattyprice4004 · 14/12/2022 23:52

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

That’s not the process - the DPS won’t care as the deposit was never registered with them.
The compensation claim goes through the courts.

whynotwhatknot · 15/12/2022 01:07

sorry yes i meant to say that

Original poster
GreenIsle · 15/12/2022 06:34

I'm going to contact a few people today for the official legal advice and take it from there. He has decided not to read or respond to my last message he obviously wants to follow his own rules here.

OP posts:
Original poster
GreenIsle · 15/12/2022 11:55

So apparently landlords in NI can just do what they want.

Landlord did not protect deposit
OP posts:
Eatentoomanyroses · 15/12/2022 11:59

I am an accidental landlord. I get very overwhelmed with all things to do with the rental but I have protected the deposit and done all the things I’m supposed to and it all went back to my long term tenants when they moved out ( even though they’d wrecked the flooring and smashed the bathroom tiles). There’s no excuse for your landlord

FlowerArranger · 15/12/2022 12:11

I didn't realise you are NI.

Post your query on LandlordZone.

The posters there are very knowledgeable and helpful.

cherriegarcia · 15/12/2022 12:21

FurAndFeathers · 14/12/2022 20:59

@GreenIsle i think you need to communicate very clearly to him that he should legally have protected your deposit and you refuse to accept any deductions not done through the legal deposit protection scheme. You require you full deposit returned within24 hours or you will be claiming the full amount owed to you for an unsecured deposit (3x the original amount)

or tbh at this point I’d just go ahead and claim that amount anyway as he’s clearly a chancer

This.

Honestly OP, he doesn't have a leg to stand on.

Don't let him stress you out. You've given him the opportunity to give you back the deposit but he is choosing to be awkward.

It's time to just go ahead and claim back 3x the deposit, as you are entitled to. Just do it and don't get emotionally drawn in.

CorporateBull · 15/12/2022 12:34

cherriegarcia · 15/12/2022 12:21

This.

Honestly OP, he doesn't have a leg to stand on.

Don't let him stress you out. You've given him the opportunity to give you back the deposit but he is choosing to be awkward.

It's time to just go ahead and claim back 3x the deposit, as you are entitled to. Just do it and don't get emotionally drawn in.

Show quote history

OP is not entitled to this as it turns out the legislation is different in NI.

But it's definitely still a case for small claims and you should let him know you'll be going that way, @GreenIsle . It doesn't sound like he did an inventory when you left, and once new tenants are in the house, he cannot prove that you caused any of the 'issues' identified. Nor should he still be withholding any money at all.

Original poster
GreenIsle · 15/12/2022 13:44

I will see what he comes back with and potentially go to small claims if he is being unreasonable.

After this I will still report him to environmental health regardless for not protecting the deposit, he doesn't have a valid landlord certificate also so will report both anyway. Even if they send a letter to him which stops him doing this again.

OP posts:
MadeForThis · 15/12/2022 14:49

He should have a valid EEPC certificate. You can check this online. She should also have dont gas safety checks each year if you have gas in the house.

If he hasn't done this you could threaten to report him if he doesn't return the deposit.

Pinetreesfall · 15/12/2022 15:04

There is so much wrong with this "landlord". EPC, LGSC, EICR - all these are for your safety and his compliance. Let alone the deposit issues. I'm a 50+ property landlord and things like this really upset me. If I can manage to do it for too many bloody buildings why can't he do it for one / a few!!
Gov legislative tightenings still haven't removed the crap landlords that are putting lives at risk.

TiffanyBucksFizzRainbowBright · 15/12/2022 21:48

We had this happen to us. We were really scared and angry at the same time with solicitor letters from the landlord, telling us to vacate even though he hadn't protected our deposit under the government scheme despite having f signed paperwork to say he was going to.After speaking to Citizen Advice we went though Shelter. They took on our case We had a brilliant solicitor who took all the stress away, wrote brilliant correspondence and we basically settled outside of court with two times plus legal costs and deposit back. I was glad we saw it through and shelter were brilliant at no cost to us (their fee came out of legal costs paid by landlord). They check all cases out so you're never in a situation where it will cost you. They also stipulated all the stress he had caused us. Landlords know there is a law in place, it's not acceptable for them to break it. Do not communicate with him any further unless done through legal representation. Would fully recommend Shelter. X

Courtjobby · 15/12/2022 23:45

I think NI is part of the deposit protection scheme www.nidirect.gov.uk/articles/tenancy-deposit-scheme-information-tenants

Courtjobby · 15/12/2022 23:48

It says on the NI page he should protect it after 14 days

Landlord did not protect deposit
CorporateBull · 16/12/2022 09:44

Yes, but you only have six months in NI to act on a failure to protect. It sounds like even in England and Wales the OP would have been outside the redress period (six years) but in NI it's definitely out of time.

Original poster
GreenIsle · 16/12/2022 12:02

When he comes back with deductions should he be providing proof like receipts or something, how do I know he has taken into account wear and tear.

OP posts:
CorporateBull · 16/12/2022 12:38

He should be providing full evidence for any costs. There's a formula for wear and tear that he legally needs to adhere to. Most importantly, he didn't do an exit inventory and already has new tenants in, so what proof does he have that any of this was caused by you?

You can take him to court for your full deposit. I would contact Housing Rights for advice: www.housingadviceni.org/speak-adviser

CamillasToe · 16/12/2022 19:08

I think you'll be lucky to see any of your deposit at this rate

Stomacharmeleon · 16/12/2022 21:55

@GreenIsle you sound like you have given In already. He has no right to deductions. No check out and you have been there a long time.
Start getting annoyed. He has messed you around enough.