What happens if the landlord doesn't use a Tenancy Deposit Protection Scheme?

[Deleted User]

Although my flatmates and I *now* know that the landlord is legally required to inform you of which Tenancy Deposit Protection Scheme he has used within 14 days of the tenancy start date, we were unaware of this at the time and so never asked. However, when we moved out of the house, just over a month ago, we asked and asked again and again if we could have our deposits back (he never answers his phone, forcing us to leave voicemail messages, which he will only reply to when he feels like it...). He eventually called us back and agreed that we would get the full amount of the deposit back, but still kept stalling, first saying that the cheques were in the post, then saying no he hadn't sent them yet because there was (allegedly) a discrepancy with our council tax payments (there wasn't). FINALLY we got the cheques through in the post this week. We paid them into our bank accounts and we're crossing all our fingers that they will clear!

While we were chasing and chasing him to give our deposits back, I did a little detective work and discovered that he had not protected our deposit with one of the 3 approved Tenancy Deposit Schemes. My question is: are we able to report him and perhaps get some compensation for this? And if so, who to? He has clearly broken the law here! The only advice I can find on the internet so far is for people who have not been able to get all or any of their non-protected deposit back, whereas we have got ours back, but only after duress! It may sound harsh, but we just want to get him in trouble and stop him from being able to treat people like this in future!!

In case that really does make me sound mean, here's a list of just some of the other reasons why we're mad at him...(skip this if you're bored by ranting!)

1) When we moved into the house, it had not been cleaned up after the previous tenants. They had left a load of crap behind and we asked the LL to get rid of it for us. He didn't. We had to do it ourselves.

2) The house we lived in was old, damp and required many repairs. None of these were ever carried out. The only thing he did was to get his dodgy mate round to paint over the mould in the bathroom (whilst not fixing the window that was broken and stuck shut or the pathetic excuse for an extractor fan, so the mould just came right back.

3) We were left with only lukewarm "hot" water over the winter months because he was reluctant to pay the £200 it cost to replace the faulty parts on our boiler

4) The house had a lovely big garden but when we moved in the LL told us we weren't allowed to use it as it "belonged" to his parents, who lived next door. He generously let us use the small patio (covered in various crap - rusty wheelbarrow, broken deckchairs, random bits of tarpaulin and pots of paint...)

5) We came home one day to find that a huge marquee had been erected over the entire garden AND our precious piece of patio for a family party next door

6) He signed a contract saying that our rent included bills, but then said it was a mistake so we paid our own bills. But he never bothered to get the contract changed (can we get him for this too?!)

7) When he was reletting the property near to the end of our tenancy, he gave permission (that he is not legally allowed to give!) to the estate agents to collect the keys to the house from his parents next door and to let themselves in to conduct viewings if they could not get hold of us. No notice given, sometimes not even an attempt to get hold of us before they just let themselves in. We also know that he let himself in to the house without our knowledge on at least one occasion (likely more!)

They're the main reasons we're mad! But yes, can we shop him? And to whom? And how much will it cost us?! Advice very gratefully received!

princeofpounds

On DPS, there is no precedent-setting case yet for deposits paid back but never protected as to whether the 3x penalty applies. My reading of the law is that it should, but judges have been reluctant to award it and no-one has gone to higher courts to contest.

1) When we moved into the house, it had not been cleaned up after the previous tenants. They had left a load of crap behind and we asked the LL to get rid of it for us. He didn't. We had to do it ourselves.

Cosmetic condition can be whatever LL likes when you enter unfortunately, the only redress being you can leave your crap when you go.

2) The house we lived in was old, damp and required many repairs. None of these were ever carried out. The only thing he did was to get his dodgy mate round to paint over the mould in the bathroom (whilst not fixing the window that was broken and stuck shut or the pathetic excuse for an extractor fan, so the mould just came right back.

Could have been dealt with under tenant's right to repair procedure or through council, but now there is nothing.

3) We were left with only lukewarm "hot" water over the winter months because he was reluctant to pay the £200 it cost to replace the faulty parts on our boiler

as above

4) The house had a lovely big garden but when we moved in the LL told us we weren't allowed to use it as it "belonged" to his parents, who lived next door. He generously let us use the small patio (covered in various crap - rusty wheelbarrow, broken deckchairs, random bits of tarpaulin and pots of paint...)

What you are allowed to use is defined in the contract. If it is for the whole property then you are allowed to use the whole property as defined in the deeds. But again, what do you want to do about this now?

5) We came home one day to find that a huge marquee had been erected over the entire garden AND our precious piece of patio for a family party next door

as above

6) He signed a contract saying that our rent included bills, but then said it was a mistake so we paid our own bills. But he never bothered to get the contract changed (can we get him for this too?!)

You might have a small claims court case here, probably your best bet for 'revenge'.

7) When he was reletting the property near to the end of our tenancy, he gave permission (that he is not legally allowed to give!) to the estate agents to collect the keys to the house from his parents next door and to let themselves in to conduct viewings if they could not get hold of us. No notice given, sometimes not even an attempt to get hold of us before they just let themselves in. We also know that he let himself in to the house without our knowledge on at least one occasion (likely more!)

They are not allowed to do this and you can prevent it by changing lock barrels, but if they do it and cause no damage or harrassment (which is more than just coming in when you are not around) then there is no penalty.

Sounds like a rubbish landlord, can understand why you are mad, but it's in the past now. You can choose to sue for the bills if you like, but might not be worth the stress.

You need to learn quickly about how to deal with problems in a tenancy. Search the forums for Izzet vs Lee Parker 1971 and also the role of the council's environmental health teams and private sector rental teams. Additionally, understand the special responsibility of the landlord under the Housing Act to provide heating and hot water.

Jowo_2

If the cheque bounces, then take him to the small claims court requesting x3 the sum of the deposit as a penalty and, assuming that your contract shows that bills were inclusive and you've got copies of bills paid in that period, a refund for all your bills. Again, you could do a separate action to recover just the bills paid via the Moneyclaim online site at the risk of the small cost of raising the case should you lose or should the landlord prove slippery when trying to enforce it if judgement is found in your favour.

As per Prince of Pounds, there were ways you could have addressed all of the other maintenance and privacy issues from this incompetent landlord during the tenancy and virtually nothing you can do retrospectively about them. You had the right to quiet enjoyment of the entire property for your own use. For your information, the Shelter website is an excellent source of information on your rights and the responsibilities of a landlord.

[Deleted User]

Thanks to the two of you. I guess, like many young people who have just left home, we were inexperienced about tenant's and landlord's right and responsibilities. While the information may well be "out there", it's a matter of finding it, knowing that you should be finding it, and actually finding it out! Landlords and agents just seem to be out for themselves and don't give you any help with this. That's the first I've ever heard of a "tenant's right to repair", for example! It didn't help in this case that in addition to a terrible landlord, we also had terrible estate agents who were not in the slightest bit helpful and, as mentioned above, actively flounted the law themselves by letting themselves into our property without notice or permission! It's frustrating that there are so many landlords and agents that like to take advantage of the clueless and inexperienced!! I'm much more clued up now that we have moved into a new home (and it helps that this new landlord is much better!!). I'm on a mission now. :rolleyes:

princeofpounds

like many young people who have just left home, we were inexperienced about tenant's and landlord's right and responsibilities

I was too less than a decade ago. No-one actually teaches you how to rent unfortunately, and it took me a while to figure out not only that there should be rules to right wrongs, but there actually were some rules to right wrongs.

It's easy to find but only if you know what you are looking for, if you get my drift!

People can go through their whole renting lives without realising. That's why boards like this one and landlordzone are such a valuable resource.

SouthCoast

Do HMR&C know that he is running a property letting business?
Does his mortgage lender know that he is letting out the property?

clutton_2

lets at least be honest here - you say ""but we just want to get him in trouble""

no you dont - you want 3 times your deposit back -

but, now that you have left the house you have no tenancy and i doubt you would get a penny

re repairs - if you could see that the house was in such a bad state - why did you move in ?

re "ignorance" of the law - nothing stopped you researching this before you became a tenant - there is MASSES of information for tenants available on line

Landlds AND tenants have responsibilities in terms of understanding what the law says about L&T legislation - ignorance in never a defence in law

having said that - i abhor his having let himself into your home - utterly illegal - but the time to to have complained was then - not now - sorry