Advice please! AST to SPT deposit scheme change

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Advice please! AST to SPT deposit scheme change

    Hello all!
    Any help or guidance is very welcome!! We've unfortunately had a bit of a nightmare renting experience which I wont go into here.

    But I have a question pertaining to AST / SPT deposit holding schemes...

    We had a 2 year fixed term AST. The tenancy agreement was never changed.

    Our landlord put our deposit in an AST scheme, but 10 months into that, they changed the scheme to an SPT scheme. I have confirmed this with the company holding the deposit, MyDeposits.

    I got an automatic notice from MyDeposits when the change was made which is what alerted me to the change, but when I later received the PI from my landlord it said it was protected in an AST scheme. I asked my landlord if it was the same as the original arrangement and they said yes.

    Is there any legitimate reason why the landlord would transfer my deposit in the wrong scheme when it was originally in the right one, when there were no changes to the AST tenancy agreement throughout the tenancy?

    Ironic, because we WISH we'd been on an SPT, as we'd been begging to leave the property for months due to poor conditions.

    As mentioned above, we've had a nightmare experience as tenants and we're concerned that the above could be related to other problems we've had.
    Thanks in advance for any guidance on this!

    #2
    I think the question is based on a misunderstanding.
    An AST is simply a specific type of tenancy and an SPT is simply a form of AST - they're not different things.

    My guess is that the landlord hasn't changed the scheme, they've simply updated the MyDeposit record which triggered the email.
    No idea why they did that though.
    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


      #3
      Thank you so much for your kind reply!
      We understand an SPT scheme to reflect an SPT tenancy, which is Statutory Period Tenancy meaning that either party can give notice and end it at any time. We were forced to stay the duration of an AST, however, despite poor conditions.

      Here is a full breakdown that may help explain further:

      2 year fixed term AST, commencing June 2019.
      - June 2019 deposit placed in AST scheme for 1 year.
      - April 2020 automatic email from MyDeposits saying "Tenant, Your my|deposits DPC has changed to SPT. We understand from your Landlord/Agent that you are now extending your stay in the property on a Statutory Periodic Tenancy"
      - June 2020 we receive PI from landlord stating AST deposit protection for 1 more year.
      - June 2021 we discover that our deposit has been in an SPT scheme since April 2020.

      Does that help shed any more light? Thank you so much again for your assistance!

      Comment


        #4
        Originally posted by Jellyfish View Post
        We understand an SPT scheme to reflect an SPT tenancy, which is Statutory Period Tenancy meaning that either party can give notice and end it at any time. We were forced to stay the duration of an AST, however, despite poor conditions.
        You're right about the definition of an SPT, but the settings on the deposit protection scheme can't change the tenancy agreement or the type of tenancy.
        It just means the settings aren't correct on the scheme, but I don't know what the landlord was doing or trying to do.

        It's possible that the landlord has changed the deposit protection method.
        There are two options for protecting the deposit, custodial (when the deposit is transferred to MyDeposits) and insured, when the landlord retains control of the deposit, but takes out an insurance policy to ensure the money is safe.
        If the landlord wants to change the type of protection, they'd have to re-issue the PI, which they wouldn't have needed to do otherwise.

        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


          #5
          Thank you! It seems it was/is being held in an insured SPT scheme.
          It's the notice from MyDeposits saying that the scheme had "changed to SPT" which confuses us. Meaning it had originally been in the right place on an AST... and a distinct effort had been made to change it. This was a month before the landlord renewed the deposit protection.
          Perhaps the landlord was unable to access the insured option whilst the money was being held in the AST scheme!?

          They did reissue the PI...... but the PI said 'AST' not 'SPT'!

          In light of the other things we had to endure as tenants, it only looks more strange!

          Thank you for your replies

          Comment


            #6
            I dont know what the exact wording of the Mydeposits email is, but as jpkeates says, the two types of scheme are Custodial and Insured. In a custodial scheme, the deposit remains protected when the fixed term ends and an SPT arises and as far as I know, there is no need to re-serve the PI. With an insured scheme, the insurance can expire at the end of the fixed term and would need to be renewed for the deposit to remain protected during the periodic tenancy. My guess is that this is what's happened here.

            Comment

            Latest Activity

            Collapse

            • Reply to Tenant misleading everyone
              by DPT57
              I think the NTQ may be your best option. The tenant could defeat it by returning to live there but that would at least enable you to get the rent payments reinstated. If they dont return, the tenancy will end. You can serve the notice at the property, but make sure its also sent to wherever the tenant...
              16-06-2021, 22:08 PM
            • Tenant misleading everyone
              by bertha
              I have a tenant who is been difficult I think due to health/mental problems,for the last year I have not been able to carry out epc,gas inspections.It seems tenant has been staying elsewhere ,I informed housing I could not enter the property and was advised by landlord liason officer to get a locksmith,enter...
              14-06-2021, 13:20 PM
            • Reply to Inventory help
              by DPT57
              I based mine on an old RLA template. I think NRLA still have one. You could try that....
              16-06-2021, 22:00 PM
            • Inventory help
              by Helvie
              Hi, Can anyone point me in the right direction as to where I could download a good quality inventory check list and guidance form, thanks.
              13-06-2021, 14:56 PM
            • Reply to New Tenancy
              by DPT57
              Your questions are too wide ranging for a forum. The answers would form a long article. Asking questions on here is not a substitute for reading. I suggest you join the NRLA and read all their guides and checklists....
              16-06-2021, 21:54 PM
            • New Tenancy
              by SpringGreen
              After the property is ready for advertistng what does a landlord need to mindful of.
              1. what are the pros and cons in terms of tenancy agreement CONTRACTUAL AND STATUORY ?
              2. applicants - how do landlord usually vet them ?
              3. inventories (what comments or descriptions to use ? )...
              12-06-2021, 09:11 AM
            • Reply to County Court Bailiffs 1 June
              by Perce
              Slackjawedyokel - my tenant does not seem to be in the property. I have no clue where he is or whether he will return.. The neighbours said that police were looking for him but when I checked with the police they could not find anything on the system. The police were very nice and helpful and asked...
              16-06-2021, 21:20 PM
            • County Court Bailiffs 1 June
              by Perce
              Hello

              I have a warrant for repossession, the ban is over tomorrow. How long does it take to hear from the County Court Bailiffs ? 1 week ? 1 month? What is the process ?...
              31-05-2021, 11:30 AM
            • Reply to Pre action protocol
              by flat27
              Thank you for all your knowledge!! I’ve been reading about part 36 - they haven’t said it’s part 36 and they haven’t explained the basis of their figure. Also they have only given 7 days not 21.
              I assume therefore it cannot be taken as part 36?
              I’ve read that part 36 cannot be...
              16-06-2021, 21:07 PM
            • Pre action protocol
              by flat27
              Hi - my tenant has moved out and has caused extensive water damage due to not reporting a leak and just leaving it to cause damage. We have tried to claim damages but he does not want to sort this amicably- does anyone have a template pre action protocol letter to start the court process? Any advice...
              15-06-2021, 17:06 PM
            Working...
            X