Tenancy Deposit Protection...

sophlowe45

The place i currently live in my tenancy agreement started on 25th February 2007 and the tenancy deposit protection scheme came into force on 6th April 2007, does that mean i have no rights under this scheme? it was fixed for 6 months then switched to a rolling month to month basis...

My landlady gave me 4 weeks notice to move but according to the websites ve looked at she needs to give me 2 months notice under something called section 21 which she hasnt done and i am also worried about getting my deposit back...

Any advice from anyone? Thank you!

Planner

You will only (potentially) be protected if after your first contract become a periodic, you at some point signed a further fixed term contract. From what you have written this doesnt appear to be the case, therefore the deposit doesnt need to be protected.

You are correct that the landlady needs to serve you 2 months notice. Do your contract sya to pay rent weekly or monthly?

(this assumes property os in England/Wales and you have an Assured Shorthold Tenancy AST)

tbs624

Just to add to what Planner says - does your LL share the property, or any part of it, with you?

If she doesn't, then check back that you were not given a S21 notice shortly after you signed your original tenancy agreement.

Regardless of whether your tenancy deposit is scheme-registered your LL cannot simply make deductions without justification and you can challenge her through the small claims court if necessary.

sophlowe45

i signed a contract for 6 months then it became periodic, but then after that was up i asked for a further contract so got a new one for 12 months fixed from august 07 to august 08 which then became periodic too...i pay my rent monthly...

landlady does not live here, and no S21 notice.

clutton_2

there is no clear guidance in the Act, but many LLs, and some proffessional landlords associations, reccomend that a deposit be protected when the next AST is signed after the Scheme came in.

she must give you a Section 21 notice (A notice to quit) which contains 2 months notice providing you paid your rent monthly.

did you & LL sign an inventory when you moved in ?

sophlowe45

ah ok but theres nothing i can do about the fact she hasnt protected my deposit?


yes a handwritten inventory which just states the items of furniture in each bedroom and the lounge, it doesnt make any reference to the condition of anything...

thanks!

Planner

sophlowe45 wrote: »

ah ok but theres nothing i can do about the fact she hasnt protected my deposit?


yes a handwritten inventory which just states the items of furniture in each bedroom and the lounge, it doesnt make any reference to the condition of anything...

thanks!

As Clutton as aluded to, the jurys out on this point. Some say that a new contract signed after 6th april 2007 means the depsoit should be protected, others dont. I am of the opinnion that it should be. It might be worth writing a polite letter asking for it to be protected and pointing out the relevant law/guidance and see what the response is?