Deposit Protection Rules?

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    Deposit Protection Rules?

    Hi all ex tenant here, hoping someone can help as I can't find a lot of concrete advice online. Basically, I ended a very stressful tenancy in Aug 2019. There was a lot of back and forth, unclear info, and formal complaints, plus at the end of the tenancy they scalped us with deposit deductions. Just seemed dodgy all round. I recently found out about deposit protection legislation and I am unclear on whether the LA for that property abided by it correctly. Things of note:

    1. Tenancy ran from Sept 2018 to Aug 2019. I was not an original tenant, but was novated into the agreement, replacing an original tenant, in July 2019, so I was there for the final two months. There was a lot of confusion about the deposit and I was not provided with any info about the protection scheme, other than the contract said the deposit would be protected by "an official scheme" and I was sent a form from mydeposits to fill out to change the name of the tenant (so I knew it was with my deposits). No leaflet sent to me personally, no info about dispute procedure, just the form to change name.

    2. We finally got what was left of our deposit back in Jan 2020, after an internal back and forth. After a ring with mydeposits, they said the protection of the deposit ended 1st October 2019, so 3.5 months before we got the deposit back.

    My questions:
    1. Was the LA required to give me all of the Prescribed Info personally once I was novated onto the agreement?
    2. Was the LA required to keep the deposit protected with mydeposits until it was returned in Jan 2020?
    3. I am also just finding out that novation isnt really valid in tenancy agreements, and really a new agreement/tenancy should begin instead. Can I rely on this to say I should have received the Prescribed Info?

    Any help would be appreciated!! Thanks

    #2
    Very unusual case.

    Comment


      #3
      It is worth seeking with a no win no fee firm in this scenario. I would offer my opinion to say that the LA were remiss in not providing you with the deposit information. How were you to know the details contained within the Prescribed Info?
      It sounds as if some short cuts were taken by the LA.

      Comment


        #4
        There was a case in Bristol similar where the judge rule that the landlord was right to give the original tenant the pi only and didn't need to for a later tenant but I know there was other info about the case, worth no win no fee tho

        Comment


          #5
          1 - it depends on what the novation paperwork says. But probably not as a default, so the novation would have to detail what was being done about the deposit.

          2 - Yes, but it may not be anything to do with you.

          3 - Novation is valid, but doesn't really work, as you are finding out. It looks like it's working fine until the end of the tenancy when all the problems manifest themselves. A new tenancy would probably have been the best option for everyone.

          You'll not find any no win no fee company will take your case because it's complicated and your chances of getting anything back are slim to zero.
          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

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