Statutory Tenancy & Deposit

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    Statutory Tenancy & Deposit

    Hi,

    My AST ended and am now on Statutory. I paid a considerable deposit at the start of the AST = 1.5 x Monthly Rent. I believe the deposit was put into a deposit protection scheme at the start of the AST.

    My question is;

    1. As the AST has ended and am now on Statutory, would my deposit still be protected?
    2. Do I have the ability now to re-negotiate the terms of my deposit & deposit return (As the AST has ended and all clauses, now, do not apply?)
    3. If I decide not to pay my rent for the last month and a half where do I stand?

    Any help/advise is greatly appreciated,

    thanks,

    Mike

    #2
    1. Who is holding the deposit?
    2. You have the ability to renegotiate. No sane landlord would accept any negotiation though.
    3. The landlord could pursue you for any costs your non payment of rent causes him, as well as pursue you for any damages.
    Allow tenants to protect their own deposits. I want free money when they do it wrong

    Comment


      #3
      Originally posted by mike5 View Post
      ...

      1. As the AST has ended and am now on Statutory, would my deposit still be protected?
      Should be: Depends on the exact scheme & process: You should have been given details about it when it was 1st protected & should be able to check it's current status... There is a view that it should be re-protected but I'll ignire that - go check current status & let us know, please.
      2. Do I have the ability now to re-negotiate the terms of my deposit & deposit return (As the AST has ended and all clauses, now, do not apply?)
      There was never anything stopping you trying to renegotiate any term or clause from day 1 of the tenancy: However the tenancy continues, as before, except any clauses about notice no longer have effect. Quite why any landlord would want to agree to a change is a question you should ask yourself...

      3. If I decide not to pay my rent for the last month and a half where do I stand?
      In a hole: You are still liable for rent, landlord can still issue notices under Section 8 if you are but 1p short of paying full rent on time and can sue you through the courts: Will you ever want or need a reference from current landlord/agent??

      Would you be happy if your landlord suddenly decided to ignore his responsibilities under the tenancy (eg removed use of, say, one room??). Are you in the habit if breaking contract terms in your life??

      Would you be happy if, say, your employer decided to break your employment contract and not bother to pay you for a month, although bound by the contract to pay you??

      Cheers!
      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...

      Comment


        #4
        Hi,

        thanks for the responses. I have checked and my deposit is in a scheme. I was rode blind by the letting agent initially and had to fork out a lot of money to rent, they treated me worse than a dog.
        A unilateral contract was initiated where there was no ability to negotiate.

        I have never played up in a rental property and have met all obligations at every point and I certainly don't intend to start. However, I think fair is fair, I paid my deposit before I moved in, I'd like it the day I move out and I'd like me and the owner to both go over the place together, decide what is wear and tear, what is not and then give me back what we decide, there and then. That how I intend to re-negotiate and I think thats fair.

        I think these days people are convinced that the unilateral contractual arrangements that are imposed become the rule of law, whereas I take a different view, I think that as I am a fair tenant, always have been, that I should be satisfied in regard to my deposit and there should be some meeting of the minds as it were it regard to these things

        Regards,

        by the way:
        Would you be happy if your landlord suddenly decided to ignore his responsibilities under the tenancy (eg removed use of, say, one room??). Are you in the habit if breaking contract terms in your life??

        Because there is only one entrance, I think its hard to conceptualise. No, I've always met my responsibilties


        Would you be happy if, say, your employer decided to break your employment contract and not bother to pay you for a month, although bound by the contract to pay you??

        I think you've missed a vital addition in this case; that a deposit is in effect. The above would be more exact and comparable if my employer had given me a deposit which amounted to one months pay. If they then decided not to play my lasts months wages, I wouldn't care a hoot. Also, there is no contract.

        Michael

        Comment


          #5
          You seem miffed for some reason I can't fathom.
          If you weren't able to negotiate the contract you had two choices. It was that bad, but you stayed beyond when you were contracted.

          I advise you to give a valid notice to quit and purchase your own house, as you have unreasonable expectations of the rental market.
          Allow tenants to protect their own deposits. I want free money when they do it wrong

          Comment


            #6
            Thanks for your comments.

            There is a contract, a periodic tenancy on exactly the same terms as the initial fixed term deal you signed, but rolling on (assuming rent paid monthly) month-by-month & with any terms regarding notice not carried forward. See eg
            http://england.shelter.org.uk/get_ad...hold_tenancies
            - Incidentally Shelter have loads of info on all housing matters & a helpline on 0808 800 4444: Try calling them & seeing eliciting their views on your recovering the deposit early.

            Sadly AFAIK none of the deposit schemes are set up to return the deposit routinely before the tenancy has ended & check-out etc has happened.
            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...

            Comment


              #7
              Originally posted by mike5 View Post
              I was rode blind by the letting agent initially and had to fork out a lot of money to rent, they treated me worse than a dog.
              A unilateral contract was initiated where there was no ability to negotiate.
              Unless for some reason you were forced to rent that particular property, you had the option of not accepting the contract as offered and living elsewhere.
              The Landlord had the option of not accepting any changes to the contract that they wished to use for the property.
              Try negotiating a mobile phone contract sometime.

              I have never played up in a rental property and have met all obligations at every point and I certainly don't intend to start. However, I think fair is fair, I paid my deposit before I moved in, I'd like it the day I move out and I'd like me and the owner to both go over the place together, decide what is wear and tear, what is not and then give me back what we decide, there and then. That how I intend to re-negotiate and I think thats fair.
              This sounds reasonable and fair, but the landlord probably isn't going to be able to do that.
              Deposits have to be protected in England, so your deposit is either in an escrow account somewhere online or insured by someone.
              When you leave the property both of you (you and the landlord) have to agree to return the deposit (less any deductions that you both agree).
              If the landlord has taken the escrow route, he definintely won't be able to give you the funds back - as he hasn't got them.
              If he's taken the insured route, he'd be a bit trusting to give you the deposit back without you both completing the process (what if you didn't?)

              I think these days people are convinced that the unilateral contractual arrangements that are imposed become the rule of law, whereas I take a different view, I think that as I am a fair tenant, always have been, that I should be satisfied in regard to my deposit and there should be some meeting of the minds as it were it regard to these things.
              You are entirely entitled to that opinion.
              You just need to find a landlord who shares that view and a letting agent who cares about what you both think.
              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


                #8
                The last tenant that left me had done no damage at all to the property so I claimed nothing from the DPS, the tenant had his money refunded in 3 days.

                Had I paid him the deposit from my own pocket and then claimed the deposit to replace it it might have taken 6 weeks to 6 months to get the money back because there are so many checks and paperwork for a landlord to do so now.

                You have the security of a protected deposit, in turn you must expect to wait until the tenancy is over and give the deposit company time to return it.
                I offer no guarantee that anything I say is correct. wysiwyg

                Comment


                  #9
                  Hi, apologies if the tone seems 'miffed' I can assure that I am not, I do feel that the letting agents I dealt with are lacking in soft skills and care not a fig, bar the amount you owe them.

                  thanks for all your input and links

                  Regards,

                  Michael

                  Comment


                    #10
                    Originally posted by mike5 View Post
                    ...........I do feel that the letting agents I dealt with are lacking in soft skills and care not a fig, bar the amount you owe them.

                    .....l
                    You might be surprised how many landlords are of the same view: There are decent agents, but rare in my experienc: I have a good one.
                    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...

                    Comment

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