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Deposit Protection

Please bare with me if I'm about to ask the world's most stupid question.

I moved into my current flat in 2001. Am now on an periodic AST. Moving out in August.

Was reading this:
http://www.direct.gov.uk/en/TenancyDeposit/DG_066373

To my knowledge, my LL has not put my deposit in a scheme. I knew nothing of them at the time, never chased it up.

I fully expect the LL to do anything in her power to keep as much of the deposit as she can. What's my position if the deposit was never protected?

Thanks
BR 22/10/2009 ED 08/07/2010

Comments

  • sequence
    sequence Posts: 1,877 Forumite
    Did you sign a new contract after 2007 ?
  • tbs624
    tbs624 Posts: 10,816 Forumite
    When did you last sign a tenancy agreement or did you have an initial 6/12 month Fixed Term and have been on a stat periodic ever since? Unfortunately, if you have not signed a new FT contract since April 6 2007 your LL is not required to scheme register your tenancy deposit.

    This does not mean that she can simply retain as much of your deposit as she likes, however: you have the option to challenge any proposed deductions and to pursue the matter to the small claims court if you can't reach agreement.

    You could invite the LL round 10 days or so before you are due to move out and ask her to highlight anything with which she is not happy: this will give you the opportunity to sort it out before being billed by her for something which she sees as attributable to you.
  • Trom
    Trom Posts: 275 Forumite
    Ah, managed to completely miss the big 2007 on the page. No, contract has not been renewed.

    I do hope it won't get to small claims court. I'm so sick of dealing with her, I'm willing to let the money go. I like your suggestion of inviting her over though to clarify things.

    Thanks
    BR 22/10/2009 ED 08/07/2010
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