Discrepancies between deposit scheme papers and contract

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    Discrepancies between deposit scheme papers and contract

    I am a lodger, I asked for my deposit to be protected and the landlord agreed,

    However, I have noticed the following discrepancies between my contract, the papers given to me by the landlord and the certificate given to me from DPS:

    - The contract states that I take tenancy of Room Number 1, the DPS prescribed information document given to me states in the address of the property Room Number 2. The DPS certificate does not state any particular room.
    - The DPS prescribed information document contains the name of the landlord, and so does the tenancy agreement contract. He told me that his stepmom handles deposits and that I should send the money to her, which at the time I did, the name of his stepmom appears in the DPS certificate as the landlord/letting agent, and so does her address.
    - My tenancy agreement is a periodic monthly tenancy, with a six month minimum term, the certificate states that my tenancy ended one month after it started... is this correct?

    This raises suspicions to me... Is this something that I should be concerned about as a lodger? Or is it something that could cause problems to the landlord? In any case, is my deposit truly protected? Would you recommend raising this to the landlord or seek legal advice?

    Thank you.

    #2
    Does named landlord genuinely live in the same building? If so deposit protection not required.
    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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      #3
      Yes, the landlord who appears in the contract and in the prescribed information from DPS lives in the same building, his stepmom, who appears in the DPS certificate does not.

      Despite not being required we agreed to it being protected before I moved in, I have the prescribed information and the DPS certificate to prove it, I am just wondering if I should worry about these discrepancies.

      Comment


        #4
        I dont think you should worry

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          #5
          Originally posted by DPT57 View Post
          I dont think you should worry
          I agree with this.
          When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
          Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

          Comment


            #6
            If you are a lodger, then there is no legal requirement for your deposit to be protected, and some (all?) of the schemes explicitly forbid using their scheme for anything but ASTs (with penalties for LLs that register non-AST deposits).

            However, there is the possibility that you are a tenant.
            • Does your landlord have the right to enter your room?
            Regarding involvement of mother: that could be interpreted as LL's agent.

            Comment


              #7
              Thank you all for your responses.

              Originally posted by MdeB View Post
              If you are a lodger, then there is no legal requirement for your deposit to be protected, and some (all?) of the schemes explicitly forbid using their scheme for anything but ASTs (with penalties for LLs that register non-AST deposits).

              However, there is the possibility that you are a tenant.
              • Does your landlord have the right to enter your room?
              Regarding involvement of mother: that could be interpreted as LL's agent.
              The contract we signed refers to me as "The Tenant", my room also has a lock and I have the keys, I noted the following covenants:

              "The tenant acknowledges that this tenancy is not an assured or an assured shorthold tenancy by reason of being a tenancy granted by a resident landlord."

              "The tenant will have exclusive occupation of the designated room and whill share with the other occupiers of the Property the use and facilities [...}"

              "The landlord agrees to let to the Tenant, and the Tenant agrees to take a tenancy of room 1 in the house known as forming part of XXX, England, ("The Property"). [..]"

              "At all reasonable times during the Term and any renewal of this agreement, the Landlord and its agents may enter the Property to make inspections or repairs, or to show the Property to prospective tenants or purchasers in compliance with the Act."

              The contract itself is named "House Share Agreement" and/or "Tenancy Agreement" at different points. I am slightly confused as I thought I was a lodger, I insisted on having my deposit protected before moving in and I am not sure he did it the right way or if my deposit is protected at all.

              The contract seems to be a customized template from LawDepot, as this website appears on every page of the contract.

              Comment


                #8
                It may be that you are a tenant and not a lodger (but I do not have sufficient knowledge of this area).

                I would suggest that you don't need to worry about it unless and until you have deposit or other problems at the end of your occupation.

                Comment

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