Deposit not Protected

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    #16
    Originally posted by theartfullodger View Post
    Here is Shelter's detailed guide on suing for the penalty (note, penalty not compo).
    https://england.shelter.org.uk/housi...nsation_claims

    I'd certainly strongly suggest it's worth at some point you sending letting agent AND landlord separate letters pointing out they've broken the law: The law that parliament has twice passed, the second time giving 30 days to protect rather than the original 14 as landlords/agents said 14 days too short. And requesting their proposals to compensate you: Use Shelter's draft letter.
    https://england.shelter.org.uk/housi...nsation_claims

    But only do so when you are already planning on leaving as I suspect it will result one way or another with a s21 notice and eventually eviction.
    I would like to stay at the property and renew for a further year. Should I sign a new AST or just let the tenancy go to a periodic one?

    I am worried when I eventually come to leave the property say in one years time that the LA / LL will try and find ways to deduct money from the deposit, through damages or something.

    I am unsure why the LA would ask me if I want the deposit protected for the renewed tenancy. Is there some loophole they will use in the future that I am missing?

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      #17
      The landlord/agent is perfectly entitled to try and deduct money from deposit - for legitimate damage.

      Agent wants to protect deposit in renewed tenancy so any claim (you can sue for up to 3xdeposit penalty for not-properly-protected for each and every tenancy) would only be against "old" tenancy and an s21 would be valid for new tenancy. He's stupid to ask, he should go ahead and protect it for new tenancy - if you agree to renewal, he doesn't need your permission.

      My advice would be don't renew: That way you've more flexibility on timing if you want to leave and any s21 eviction notice will be invalid until they return your deposit, so arguably you are safer not renewing.
      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...

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        #18
        Originally posted by theartfullodger View Post
        My advice would be don't renew: That way you've more flexibility on timing if you want to leave and any s21 eviction notice will be invalid until they return your deposit, so arguably you are safer not renewing.
        When you say don’t renew, does that mean do nothing and let the tenancy roll on to a periodic tenancy? They still legally have to protect the deposit now they have realised their mistake. Should I ask for it to be protected immediately or just leave them to it.

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          #19
          If you don’t renew it goes onto a periodic tenancy, yeah.
          Most agents though want that extra income every year by charging a fee to renew the tenancy for another year or whatever, and if you don’t then they may use the threat of the s21 to either make you sign or make you go.
          In your case here, they can’t make you sign to renew and they also can’t use the threat of the s21 either because it will be invalid as they didn’t protect your deposit.

          So what artful is saying is don’t renew, let it go onto a periodic and you hold all the cards (until they sort their own mess out).

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            #20
            Originally posted by prm70115 View Post
            Should I ask for it to be protected immediately or just leave them to it.
            You won't see my other response yet which got caught in moderation, which already made the same point. Just leave them to it whether you renew or not. If they still haven't protected the deposit and serve you the required prescribed information by 30 days after your renewed tenancy start or it going periodic, they're liable for a second penalty.
            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.

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              #21
              Originally posted by prm70115 View Post

              When you say don’t renew, does that mean do nothing and let the tenancy roll on to a periodic tenancy? They still legally have to protect the deposit now they have realised their mistake. Should I ask for it to be protected immediately or just leave them to it.
              You are, in my opinion, better off with an unprotected deposit. No s21 eviction notice can be valid until they return deposit in full & you can sue for up to 3xdeposit penalty. So don;t ask for it to be protected. If they anyway protect it both of these are still true.

              Do nothing. You don't even need to reply to any requests to renew (but it would be polite to do so - "thanks for your kind suggestion but I'm still considering my options")



              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...

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                #22
                An update which has confused me:

                Having renewed the tenancy for another year (as I wanted the security of tenure), I received confirmation that the deposit (paid 6 months ago for the initial 6 month AST) has now been protected. I have confirmation from all the deposit protection schemes, LL and LA that the deposit I paid 6 months ago was not protected for any of the 6 month AST. They have since protected it from the date of renewal..

                What does this mean now? Does the fact they did not protect the deposit for the first tenancy give any bargaining power?

                Comment


                  #23
                  They are still liable for a penalty of between 1x and 3x the amount of the deposit for not having protected the deposit for the original 6 months fixed term tenancy, but you'll have to sue them for it obviously. When the time comes, they can if they wish serve you valid section 21 notice unlike before (assuming other requirements have been met).
                  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.

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                    #24
                    Originally posted by prm70115 View Post

                    Why wouldn't I sue them?
                    You've not suffered a financial loss from the non protection
                    You might have morals that override the urge
                    "I'm afraid I didn't do enough background checks apart from checking her identity on Facebook" - ANON

                    What I say is based on my own experience and research - Please don't take as gospel without first checking the gospel yourself.

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                      #25
                      Morals and all that.

                      Just enjoy your tenancy - be good tenants - but do so knowing that they basically 'effed' up and should you be so inclined you can sue them for a penalty that is 1-3x the deposit amount.Its their business and they failed to complete a relatively simple but important task.

                      So for example: (and correct me if I am wrong LL's) - your deposit of £1000 was protected late but is now protected. You have signed for another 12 months. In 12 months time you decide to leave for somewhere new. There is some damage which was your fault and they deduct £500 from your deposit.

                      Regardless of that claim, you could still sue them for 1-3x (so £1k to £3k) for failure to protect your money in a scheme way back at the beginning.

                      No one wants the hassle and paperwork - so my advice is to carry on as you would have done and enjoy your life, knowing with certainty that if you feel you are being treated with anything other than decency and honesty by the LA you can nail them to the wall and its their own fault. As a tenant myself I begrudge the occasional problem with the LA and would love to have something in my locker like this....

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