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Revv_2
Posts: 26 Forumite
Hey Folks,
I have been renting a flat since 2011 (Assured Shorthold Tenancy), and paid a full month of rent as deposit, and lived there for about 6 years.
When the contract got renewed in 2012, I received a letter in post about my deposit being submitted to DPS (dated Oct 2012). My understanding back back then was that that was a failure by the landlord /letting agent in registering (correct term?) the deposit, but didn't want to start a fight over it as back then we were overall happy with the place.
This year though we don't want to renew the contract as the landlord has failed to put things right in multiple cases (failed boiler being the primary one) and each time I had to chase every issue many many times.
Could you guys please shed some light on where I would be standing here legally? Am I correct to assume that the landlord has to return the deposit in full + if taken to court has to compensate up to 3x the deposit? (as they missed the 30 day window by almost a year).
The contract will come to an end by end of this month and I have already notified them that I will not be renewing.
How would it best to approach this?
Thanks in advance!
I have been renting a flat since 2011 (Assured Shorthold Tenancy), and paid a full month of rent as deposit, and lived there for about 6 years.
When the contract got renewed in 2012, I received a letter in post about my deposit being submitted to DPS (dated Oct 2012). My understanding back back then was that that was a failure by the landlord /letting agent in registering (correct term?) the deposit, but didn't want to start a fight over it as back then we were overall happy with the place.
This year though we don't want to renew the contract as the landlord has failed to put things right in multiple cases (failed boiler being the primary one) and each time I had to chase every issue many many times.
Could you guys please shed some light on where I would be standing here legally? Am I correct to assume that the landlord has to return the deposit in full + if taken to court has to compensate up to 3x the deposit? (as they missed the 30 day window by almost a year).
The contract will come to an end by end of this month and I have already notified them that I will not be renewing.
How would it best to approach this?
Thanks in advance!
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Comments
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I would see if any deductions are to be made, also how prompt the LL is before taking him to court.0
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Hey Folks,
I have been renting a flat since 2011 (Assured Shorthold Tenancy), and paid a full month of rent as deposit, and lived there for about 6 years.
When the contract got renewed in 2012, I received a letter in post about my deposit being submitted to DPS (dated Oct 2012). My understanding back back then was that that was a failure by the landlord /letting agent in registering (correct term?) the deposit, but didn't want to start a fight over it as back then we were overall happy with the place.
This year though we don't want to renew the contract as the landlord has failed to put things right in multiple cases (failed boiler being the primary one) and each time I had to chase every issue many many times.
Could you guys please shed some light on where I would be standing here legally? Am I correct to assume that the landlord has to return the deposit in full - only if he intends to evict you. + if taken to court has to compensate up to 3x the deposit? (as they missed the 30 day window by almost a year). - more likely 1x
The contract will come to an end by end of this month and I have already notified them that I will not be renewing. - so you're moving out or going periodic?
How would it best to approach this?
Thanks in advance!
It's a long time ago, which is going to be difficult to prove, and you must to some degree prove your case.
The deposit was protected in 2012, and has been since. It could well have been in a different scheme in 2011.
I'd wait and see if you get your deposit back before making any other decisions, which could end up being costly.0 -
When you say you are not renewing do you mean not signing a new contract but staying, or that you plan to end the tenancy/leave.
I would wait and see. If the deposit is returned in full, or with deductions which are fair, then do nothing.Hey Folks,
I have been renting a flat since 2011 (Assured Shorthold Tenancy), and paid a full month of rent as deposit, and lived there for about 6 years.
When the contract got renewed in 2012, I received a letter in post about my deposit being submitted to DPS (dated Oct 2012).
Was this the first time it was registered, or might it have been registered with a different scheme, r perhaps re-registered on renewal?
My understanding back back then was that that was a failure by the landlord /letting agent in registering (correct term?) the deposit, but didn't want to start a fight over it as back then we were overall happy with the place.
Depends on the Q above.
.....
Could you guys please shed some light on where I would be standing here legally? Am I correct to assume that the landlord has to return the deposit in full
Not if you have caused damage and/or owe rent
+ if taken to court has to compensate up to 3x the deposit? (as they missed the 30 day window by almost a year).
If they missed te 30 day window, you can claim the penalty. As the deposit has been registered since 2012, the court is likely to award you the minmum penalty - 1 times the depost.
.....
How would it best to approach this?
If not, advise the LL that you are considering taking legal action for the penalty and hope that that incentiveses a fair return of your depost.
and if that fails, apply for the penalty and hope tha your evidence is sufficient.0 -
I am leaving the flat, not going periodic.It's a long time ago, which is going to be difficult to prove, and you must to some degree prove your case.
I thought I would have 6 years form when I leave the flat (contract ends) the make a claim? Proving it for me is should be easy enough, the DPS cerificate states when the funds were deposited (2012).
Even if it was protected for the 2011-2012, the failed their responsilibilty to let me know of the details, so they would still be liable. Am I missing something here?The deposit was protected in 2012, and has been since. It could well have been in a different scheme in 2011.
I agree, but I would like to know where I stand, as I would be really suprised if they didn't want to cover the cost of the a new boiler from my deposit!I'd wait and see if you get your deposit back before making any other decisions, which could end up being costly.0 -
Why do you think the boiler cost would be taken from your deposit...?
Did you break it?frugal October...£41.82 of £40 food shopping spend for the 2 of us!
2017 toiletries challenge 179 out 145 in ...£18.64 spend0 -
If the deposit was NOT protected for the first year, then you can claim the penalty of 1-3x deposit. As it was subsequently protected, this would likely be the minimum 1x deposit.
Note the deposit could have been protected in time in the first year and reregistered on renewal or if the LL chose to.
Either way, this doesn't affect any claim for damages / deductions due to breaches of the tenancy agreement. You're still liable for those, which can be deducted from the deposit or the LL can sue if they exceed the deposit.
It might be more beneficial for you to wait and see if you can use this in the negotiation re notice or deposit deductions when you leave. e.g. you won't claim penalty if they let you leave on a more convenient date than the end of a period, or if they let any deductions go.0 -
Why do you think the boiler cost would be taken from your deposit...?
Did you break it?
No I did not break anything. It just needs to be replaced (IMHO) and I wouldn't be surprised if the landlord would "try" and cover some of his costs from my deposit.
For all intents and purposes I think we have taken very good care of the property.0 -
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Do you have an inventory?
You perhaps are mixing 2 things here ....the lodging of your deposit and deductions on check out.
The deductions on check out need to be fair and are usually agreed following check out using reference to your check in inventory....minus wear and tear.....frugal October...£41.82 of £40 food shopping spend for the 2 of us!
2017 toiletries challenge 179 out 145 in ...£18.64 spend0 -
If the deposit was NOT protected for the first year, then you can claim the penalty of 1-3x deposit. As it was subsequently protected, this would likely be the minimum 1x deposit.
Note the deposit could have been protected in time in the first year and reregistered on renewal or if the LL chose to.
Either way, this doesn't affect any claim for damages / deductions due to breaches of the tenancy agreement. You're still liable for those, which can be deducted from the deposit or the LL can sue if they exceed the deposit.
It might be more beneficial for you to wait and see if you can use this in the negotiation re notice or deposit deductions when you leave. e.g. you won't claim penalty if they let you leave on a more convenient date than the end of a period, or if they let any deductions go.
Agree, that's what I was planning to do, but wasn't sure if I need to send them as a letter beforehand?0
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