Deposit Unprotected

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    Deposit Unprotected


    I asked the scheme deposit to return our deposit and they mentioned the deposit is no longer protected with them. Our AST agreement was for one year and we entered into a periodic tenancy for two months. (We gave notice to vacate the property).

    I didn't know the deposit scheme was able to unprotected the deposit automatically, I assume my landlord didn't mention we were staying more time in the house after the fix term. Not sure if he didn't bother because he knew we were leaving.

    We are now a bit worried because the deposit is not protected so not sure what's the process in this case. what we should do to get our deposit back?


    The landlord should be more worried, as you can sue him for between 1 and 3 times the deposit!


      Advice from Shelter
      I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...


        Hi Christina,

        The scheme usually notifies the tenant when the Landlord seeks to withdraw the deposit. I would ask for why the deposit has been released to the Landlord and also contact the Landlord directly to query the position.

        The previous posters are correct in that the landlord is obliged to protect your deposit however in this instance it sounds like he has and then submitted a reason to withdraw the same.

        Is there any reason why the Landlord may feel entitled to keep the deposit?


          It could had been in an insured scheme, in which case it'll automatically be unprotected if the landlord doesn't do certain things on the scheme's website to confirm that a fixed term tenancy has gone statutory periodic.
          I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

          I do not answer questions through private messages which should be posted publicly on the forum.


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