Deposit not protected,moving out soon,what to do?

bazzaboo

I'm moving out on 8th sept. Have rung up the 3 deposit schemes but my deposit is not protected with any of them. Now what should I do? One of them said I should contact the LA and if they haven't registered it seek legal advice. What shall I do? Which gives me the better options, leaving it as it is or insisting it should be protected? My ll is really nice so not sure if I will have problems getting the deposit back. There was an inventory done but its not very thorough, ie state of walls have not been listed.Just that things are in either fair condition or good condition. I was in a hurry to move in after a nasty relationship break up and didn't research renting properly. Also the flat is up for sale now so don't want her charging me for improving the property.

tbs624

Letter to the LL, copy to the LA: keep a copy for your own records. Tell them that you have checked with each of the 3 deposit schemes and your deposit is not listed with any of them. Ask them to scheme register it now. Whether your LL is "nice" is not the issue here - you are legally entitled to the protection afforded by the Tenancy Deposit Regs and your LL has failed to meet her/his legal obligations.

Where a LL will not comply a T may pursue them to court for the return of the deposit, legal costs, plus a penalty payment of 3x the deposit amount. It does however seem that LLs can get away with late registration if done prior the hearing so get the protection in place. You will then have the choice of using the scheme's arbitration process or the small claims court if you do have any dispute over the return of your deposit.

Note that the LL cannot seek "betterment" - you have to return the property in the same condition as when let, save for fair wear and tear (excludes dirt and damage)

Peter_Upton

Don't pay the last months rent if that is the same as the deposit.

Your ll may be nice but she hasnt acted professionally.

Simple as, definitely don't pay, it's tit for tat.

You'll wait a year if it has to go to small claims court.

mynameisdave

Peter_Upton wrote: »

Don't pay the last months rent if that is the same as the deposit.

Your ll may be nice but she hasnt acted professionally.

Simple as, definitely don't pay, it's tit for tat.

You'll wait a year if it has to go to small claims court.

Poor advice IMO.

Not paying it puts the tenant in breach of contract, and I can't see it waiting a year to go to court.

If OP has to go to court to get deposit back the court will likely award 3x deposit as a penalty. I can't see a judge awarding that figure for a tenant that didn't bother to pay the rent as obliged.

Peter_Upton

The landlord is in breach of contract by not depositing in a tenancy protection scheme.

It does take a year, i know this as it happened to me.

The landlord will be ordered to protect the deposit and the tenant will have to wait for the return of the deposit, so to cut all the hassle take one from the other and thats the end of the matter.

Mankysteve

How long did you move in?

bazzaboo

I moved in last Sept. I'm going to write to the LL and LA to get my deposit protected asap.