Late protection of Deposit

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

  • Late protection of Deposit

    Having renewed a tenancy back in Oct 07, i made a mistake in not protecting the existing deposit. I mistakenly thought that this only applied to new tenants, not tenancies as well. However, upon reading about the mistake a couple of weeks back, i put the deposit in the DPS scheme. I am now also drafting a written document to give to the tenant to inform them of the particulars of the scheme. I have two questions that follow from this:

    1. Can the tenant still take court action against me, since the deposit was not protected within the 14 days (i'm assuming my ignorance of regulations won't help me in court)?

    2. Does anyone have a link to/can provide, a template letter that i should send to the tenant to inform them of where and how their deposit is protected please? I could write one myself but would like to make sure i am covering the legislation properly.

    Thanks,

    Swine

  • #2
    Originally posted by swinefever View Post
    1. Can the tenant still take court action against me, since the deposit was not protected within the 14 days
    Yes.

    (i'm assuming my ignorance of regulations won't help me in court)?
    I think you're right.

    2. Does anyone have a link to/can provide, a template letter that i should send to the tenant to inform them of where and how their deposit is protected please?
    Can't provide a letter, but this link will tell you all the info that needs to be given to T: http://www.opsi.gov.uk/si/si2007/pdf...0070797_en.pdf

    I could write one myself but would like to make sure i am covering the legislation properly.
    No matter how you write it, you still aren't covering the legislation because it's too late. But hopefully T won't notice...

    Peter

    Comment


    • #3
      Hi Peter, thanks for your reply. From what i've read, in the first instance, the Court will either order the Landlord to repay the deposit or secure it within 14 days. Since the the Court will see that the deposit is now protected, surely they will be reasonable and not take further action?

      Comment


      • #4
        Originally posted by swinefever View Post
        Hi Peter, thanks for your reply. From what i've read, in the first instance, the Court will either order the Landlord to repay the deposit or secure it within 14 days. Since the the Court will see that the deposit is now protected, surely they will be reasonable and not take further action?
        It's not possible to predict what the court will do. The law states that if the court is satisfied that the initial requirements were not complied with (i.e. if they are sure that you didn't protect deposit within 14 days) the penalties will be applied.

        One penalty is that you will be forced to protect the deposit --- which you have already done, so no problem there. The other penalty, which you don't mention, is that you will be ordered to pay the tenant 3x deposit as a penalty.

        If I were you I would be hoping that your tenant is also ignorant about the new laws...he probably is, most people seem to be. On the other hand he might be lurking on here, waiting until he wants to leave before he submits the court form!

        Peter

        Comment


        • #5
          Late Protection of Deposit and Tenancy Agreement

          Hi,

          1.I have a similar question - a tenant paid me his deposit on Friday the 25th - is it 14 calendar days or business days from this date in which i have to register the deposit with one of the schemes.

          2. How long does it take to register for either the deposit protection scheme or the insurance scheme?

          3. Which one would you recommend?

          4. What are people's view on the Oyez AST

          Comment


          • #6
            Originally posted by JCUNNINGHAM View Post
            is it 14 calendar days or business days from this date in which i have to register the deposit with one of the schemes.
            The law says "14 days", so I assume calendar days.

            Can't answer your other questions, sorry.

            Peter

            Comment


            • #7
              Originally posted by JCUNNINGHAM View Post
              What are people's view on the Oyez AST
              I've not seen the most recent edition, but previous ones always seemed inadequately detailed and rather perfunctory. Yes, they're settled by Counsel; yes, they're legally binding; but no, they're not really sufficient for most cases unless you add a whole raft of riders.
              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


              • #8
                Lack of Tenancy Deposit Protection

                Please advise.

                I became a landlord for the first time last summer and had not come across the Tenancy Deposit Scheme until now.

                I now realise that I should have put the tenants' deposit into a scheme. The issue has only come to light as the tenants have now moved out and we have a disagreement on the deposit amount owed.

                I'll have to face any punishment that comes my way (tenants can apply for a court order) due to my ignorance but can anyone advise if I have any options left?

                I have, of course, now ensured that the new tenants' deposit is protected so have learnt from my mistake but just wondering if there's any way round with the previous tenants deposit?

                Comment


                • #9
                  Originally posted by temuri View Post
                  I now realise that I should have put the tenants' deposit into a scheme. The issue has only come to light as the tenants have now moved out and we have a disagreement on the deposit amount owed.

                  I'll have to face any punishment that comes my way (tenants can apply for a court order) due to my ignorance but can anyone advise if I have any options left?
                  No, none. The "punishment" you face is a fine of 3x the deposit payable to the tenant, so your best bet is to stop disagreeing on deposit deductions now, and pay them a back in full in the hope that this will make them go away and not push for the fine.

                  Comment


                  • #10
                    Court order on unpaid deposit protection scheme

                    Hi there my hubby and I are looking for some help!! We sold our house to the shopkeepers next door last november and agreed to rent back for 6 months til we found somewhere to buy. We paid £90.00 (they insisted) before comp of sale to put our deposit in the sol called deposit protection scheme. and two months rent upfront as a deposit. They took no photos of property as they said 'sold as seen'. When we gave the correct notice before the tenancy ended we were told the prop wld be inspected within 7 days and deposit wld be returned to us. However they decided to keep the money and said there were some repair issues, we which strongly disagree with and they are simply trying it on. My hubby then asked who are deposit was held with as the dispute should be resolved by them as that was what we were 'forced' to pay. Weeks later it emerged it was never paid into a scheme and they were still 'haggling' with our money!! , so we took a small claims against them (to our cost-again) and they then finally put it in a scheme which was free anyway- 3 months after we've moved out. We have just recieved their defence today and they are saying as they have now put in a scheme (they say: as long as its before the court hearing it doesnt matter) we are wasting theirs and the courts time!!!! What right have the LL and thier sols got to hold our money and decide how much we are getting back -if any?? Do we still have case to get our money and 3x the dpeosit back? We are not greedy people but are furious at being lied to and someone fraudulently taking £90.00 to do nothing with- plus keeping our deposit and trying to 'bargain unreasonably' Can anyone advise, sorry to go on!!!

                    Comment


                    • #11
                      There's an ongoing debate about this very point, The general opinion seems to be that you can take them to court and they will have to pay you 3x the deposit as a penalty for not complying with the legislation. I do not think that the fact? they have now paid it in will be much of a defence if you go for it. Look at all th other posts on this subject.
                      Good Luck
                      I offer no guarantee that anything I say is correct. wysiwyg

                      Comment


                      • #12
                        JTA thanks for taking the time to reply, we will not give up and as cliched as this sounds, just so they dont treat their next tennant the same, many thanks.

                        Comment


                        • #13
                          If you need some letter writing inspiration, follow the link through on this post

                          http://www.landlordzone.co.uk/forums...ad.php?t=12264

                          They have failed you by not protecting the deposit within 14 days and not giving you any notification within 14 days. Show them you mean business. Good luck.
                          All posts in good faith, but do not rely on them

                          * * * * * ** * * * * * * * * * * * *

                          You can search the forums here:

                          Comment


                          • #14
                            Thanks Bel. I read this link last night and it doesn't surprise me to hear that this guy has won his case as some LL's even when they know they've not followed 'the rules' still hound you for more money!! -why??? His story really gave us abit of hope when you have your wobbly moments of "are we doing the right thing?" I promise to keep all posted as to what the outcome is and if we 'encounter' any nasty surprises along the way, we want to help as many other people as possible!

                            Comment


                            • #15
                              Tenancy Deposit Protection: Is it must?

                              My AST agreement says,

                              DEPOSIT A refundable deposit of £XXX is payable on singing this Agreement and held by the landlord as stakeholder

                              Is it a law that deposit must be protected? I have not heard anything from LL if he has protected the deposit or not.

                              Comment

                              Latest Activity

                              Collapse

                              • Discussion - GDPR and implications on landlords
                                MrShed
                                I've just posted something on GDPR and then wondered whether it had been discussed on here before - a quick search implies its never been mentioned.

                                I thought I would raise a topic to discuss it and the implications on landlords.In effect this is a replacement of the Data Protection Act...
                                20-07-2017, 15:01 PM
                              • Reply to Discussion - GDPR and implications on landlords
                                jpkeates
                                We can trade with anyone.
                                What matters is the terms we trade on.

                                Currently we're beyond screwed.
                                I wanted more for my children than being a pale version of a comic relief video....
                                20-07-2017, 20:31 PM
                              • Reply to Discussion - GDPR and implications on landlords
                                JK0
                                Happy days! We can trade with the EU after Brexit then!...
                                20-07-2017, 20:24 PM
                              • Reply to Discussion - GDPR and implications on landlords
                                jpkeates
                                That's two questions.

                                First, no.
                                Second, no.

                                The EU trades with China on the basis that no personal data is migrated, same as the USA....
                                20-07-2017, 20:23 PM
                              • Reply to Discussion - GDPR and implications on landlords
                                JK0
                                ...
                                20-07-2017, 20:17 PM
                              • Reply to Discussion - GDPR and implications on landlords
                                JK0
                                So the EU requires anyone it trades with at the moment to comply with all the laws the EU complies with? Erm, doesn't most stuff come from China nowadays?...
                                20-07-2017, 20:16 PM
                              • RGI and housing benefit
                                cdbe
                                Hi, new to the forum and relatively new to letting. My situation is:

                                Couple view house, like it etc, seem OK to me. She's full time employed, he's currently unemployed but looking to start his own business as a tattoo artist. Still ok-ish. They pay me £100 holding deposit and £100 referencing...
                                18-07-2017, 00:08 AM
                              • Reply to RGI and housing benefit
                                cdbe
                                Thanks. I've binned them off. The ref co said what she earns won't cover it. TBH I don't know why I tried. I've offered her the holding deposit in full plus whatever I get back from uklandlord referencing.co (I paid them £140 - 110 for one reference and 1 year RGI and 30 for second reference, so basically...
                                20-07-2017, 19:48 PM
                              • Resident Landlord tenancy
                                Rocky1001
                                Hi all, need some advice please.

                                I'm in the process of letting my flat out but am struggling to work out exactly what type of tenancy I should be using, from my research I believe it should be a form of Excluded resident landlord tenancy but I can't seem to find a suitable template as...
                                10-07-2017, 12:55 PM
                              • Reply to Resident Landlord tenancy
                                Rocky1001
                                Hi, thanks for that, so would it make a difference if I offer shared use of the main bathroom and not just limit the tenant to their en-suite in their self contained section?
                                Also can I ask recommendation regarding best way of handling council tax?

                                I assume their are existing templates...
                                20-07-2017, 17:40 PM
                              Working...
                              X