Can Landlord protect deposit years later?

GirlFriday_2

I have rented a property since mid-summer 2007 and I'm leaving next week. I have taken extremely good care of the property and always paid my rent, but I fear the letting agent will not return my deposit, as I have heard from other members of my community that he has done so before.

Therefore I asked the letting agent this week if my deposit has been protected under the Tenancy Deposit Scheme (which I have just learnt about). He told me that due to an 'administration over sight' he had forgotten to lodge it, but would do so immediately and forward the paperwork. Can he do that now - 2 years after we moved in, and one week before we leave?

I told him I believed he had broken the law, but he replied I had my facts totally wrong.

Any advice gratefully received. Thank you.

Notlob

What advice are you looking for?

GirlFriday_2

As I said, can he do that now - 2 years after we moved in, and one week before we leave?

becky_rtw

In theory no - in reality yes becuase the 14 day part of the act isnt really being enforced...I had a previous LL register my deposit months after I moved in and it was fine - although she had to lie about the moving out date and so I couldn't raise a dispute either because they kept saying - but you havnet moved out so arent entitled to your deposit back *rolls eyes*, but she also oculdnt get her money back, paid me full deposit and had to be out of pocket for months so I took that as sweet justice really

Call Shelter they may be able to help more...

princeofpounds

He can certainly do it in practical terms, and I don't see why you have a problem with it. It solves your problem of him retaining the deposit unfairly at least!

In theory, he should still be liable for the penalty (at least under a strict interpretation of the law).

The truth is there ihas been a bit of a mess in the courts about this. The wording of the law would seem (to a layman) to indicate that the 3x deposit penalty is mandatory if the LL has not complied with the deposit protection law.

However, in practice quite a few judges have decided to let landlords off if they've managed to protect the deposit before the hearing, even if they had no intention of doing so otherwise.

Personally I think this is a big shame as it invalidates one of the main mechanisms that was meant to protect the tenant (If the LL goes bust before protection, the tenant is not insured under the schemes, so the delay can be damaging in some circumstances). It also make a bit of a mockery of the law as written.

I believe that we were waiting for some of these cases to come through to a higher court where a precedent could be set to establish once and for all. I'm not sure whether any have yet.

becky_rtw

I'm not sure the schemes should be letting them do it without seeing a copy of the signed contract tbh - that would get around the problem of lying about dates in my opinion...but you're right it needs sorting out - its a big mess at the moment...

jayss

Will the docs come back from the scheme before the end of the tennency?
Doubtful if its only a week away.

socrates

Personally I would ask them to put in writing that they are going to return your deposit in full on the day you leave - plus the £25 -£30 fee it would cost them to register it.

If they do it now you will be waiting quite a while to get it back as a previous poster has indicated

tbs624

GirlFriday - your LA's behaviour indicates that he is an idiot, and has dodgy business practices.

As the others have already indicated, unfortunately it seems that some judges will allow an LA/ LL to get away without being hit for the penalty payment provided that the tenancy depositactually gets registered or is returned to the T in full prior to a court hearing.

*Write* to the LA , copy it to the LL and to the local Council's Private Sector Rentals Team & keep a copy for yourself. You need to quote the Housing Act 2004 Sections 213 -215 to him and say that you insist that he returns your deposit to you in full or scheme registers it immediately. Tell him that you will be seeking legal advice becuase of his failure to act in accordance with the law.

A tenancy deposit can be scheme-registered online and the scheme's "prescribed information" downloaded immediately. There is no excuse for an LA or a LL not to get it done. If you don't have your LL.s name and address ask inw riting for the LA to give you that information - it may come as a shock to your LA that he is legally obliged to provide that info within 21 days of you making that request, or he commits a summary (ie criminal) offence.

The reason you should let the LL know is that it is the LL who has ultimate reponsibiltiy for that tenancy deposit getting registered - he may believe that the LA has done what he is supposed to have done on the LLs behalf (alternatively he may himself be as dodgy as the LA but he should still get a formal letter from you)

If the LA is a member of ARLA, OEA, UKALA or similar make a formal complaint there and also let your local MP know your personal experience of how the tenancy deposit regs are still failing to adequately protect tenants from unscrupulous LAs. ( you can do it via email at www.theyworkforyou.com)

I'll PM you some links.

GirlFriday_2

Thank you so much, TBS624 - and for the private message links.

Really appreciated - I will be writing today.