Deposit Protection Scheme

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

  • Deposit Protection Scheme

    Well we have being renting a shared house since september, the deposit we gave was supposably an unsecure deposit and 1months rent upfront,and not in a deposit protection scheme. Anyway today we got a letter through the door saying 'Does your landlord operate a deposit protection scheme,if your landlord is not in one of these schemes you can claim 3times and get rent free. Call the council to see if you are elegible.' Sounds like some1 knows they are breaking the law, and is informing us.The letter is just typed on a page of A4 though. Shall i contact the council, and would anything positive come out of it?

  • #2
    Originally posted by mxm21 View Post
    Well we have being renting a shared house since deposit, the deposit we gave was supposably an unsecure deposit and 1months rent upfront,and not in a deposit protection scheme. Anyway today we got a letter through the door saying 'Does your landlord operate a deposit protection scheme,if your landlord is not in one of these schemes you can claim 3times and get rent free. Call the council to see if you are elegible.' Sounds like some1 knows they are breaking the law, and is informing us.The letter is just typed on a page of A4 though. Shall i contact the council, and would anything positive come out of it?
    If your tenancy is an Assured Shorthold Tenancy in England/Wales, and began or was renewed on or after 6th April 2007, then the deposit should have been protected by a scheme, and you should have been advised of this protection by the landlord/agent.

    http://www.direct.gov.uk/en/TenancyDeposit/index.htm

    While the council may be able to advise you, they don't have any power to enforce compliance with deposit protection. You would have to issue a court claim against the landlord for non-compliance and the 3x deposit sanction. This isn't completely straightforward and is not without risks, (court fees alone could be as much as £1,000, and no absolute guarantee of winning your claim), so it would be advisable to get legal advice before issuing a claim.

    http://painsmith.wordpress.com/2009/...or-tds-claims/

    Regardless of the outcome of such a claim, you would not be entitled to "free" rent.

    It sounds like it's possibly a note from a previous tenant with a limited understanding of deposit protection law.

    Comment


    • #3
      Well, your deposit should be protected in one of the 3 government approved schemes, and the penalty for not doing so is 3x the deposit value.

      However. In your situation, it is unlikely you would get the 3x because your landlord could either protect the deposit or refund it to you - both of which are much cheaper options for him. The flip-side is that any 'legal' dispute with your LL is not going to help the relationship and if you want to stay beyond the fixed term of your contract, it's unlikely to happen!

      For your own protection, call your LL and ask him which scheme your deposit is in. Presuming he says 'none' then refer him to http://www.direct.gov.uk/en/TenancyDeposit/index.htm and ask him to protect it.

      If he doesn't, then you can go to court and get your deposit back - and (if he doesn't play ball) your 3x.

      It's worth knowing that if he doesn't protect your deposit, he can't issue you with a valid s21 notice at the end of your fixed term, so could only evict you under s8 of the 1988 Housing Act - which essentially covers you breaking your tenancy agreement.

      Comment


      • #4
        Originally posted by mxm21 View Post
        We have being renting a shared house since September.
        What does 'shared' mean in this context? Does L live there too?
        JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
        1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
        2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
        3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
        4. *- Contact info: click on my name (blue-highlight link).

        Comment

        Latest Activity

        Collapse

        Working...
        X