Deposit not protected, is this sensible?

smallpurplepill

Hi all

Hopefully someone can confirm or correct my thinking here.

Have lived in this property as a tenant for some time (tenancy started after the deposit regulations) and I do not believe the deposit is protected. Not had any notification from any of the companies or any details of such a scheme supplied by landlord (I guess it could have got lost in the post etc and have not contacted the companies directly but am assuming for these purposes that I am right that it's not protected)

Am I correct in thinking that a 'valid' S21 cannot be served if I haven't had this notice. As the money I have given over for the deposit (around £1000) I view as a sort of 'hedge' against being served notice at an inconvenient time, an insurance if you like.

Can the landlord subsequently protect the deposit and then 'immediately' serve a S21?

We want to buy reasonably soon but I am currently in a probationary period for a new job so cannot get a mortgage and may not be accepted to rent a new place either.

Just wondering really if it is sensible to risk the deposit for the 'security' of not being able to be given immediate notice?

Also not very nice of me (as the landlord is a very nice guy!) but I had thought that if it does turn sour somehow I do then have the protection of the law I guess in terms of fines and so on? (I would not want to go down this route but if there is any funny business - which I'm sure there won't be - it would be an option)

Finally - I think i am mad in suggesting this but just in case. As I am aware that the deposit has not been protected I am not 'liable' in law in any way for something like aiding and abetting an offence? (Knowing it is illegal and permitting it)

BitterAndTwisted

smallpurplepill wrote: »

Hi all

Am I correct in thinking that a 'valid' S21 cannot be served if I haven't had this notice. As the money I have given over for the deposit (around £1000) I view as a sort of 'hedge' against being served notice at an inconvenient time, an insurance if you like.

A Section 21 can only be valid if your deposit is protected, not that you haven't received notification.

Can the landlord subsequently protect the deposit and then 'immediately' serve a S21?

Yes.

Just wondering really if it is sensible to risk the deposit for the 'security' of not being able to be given immediate notice?

That's up to you but it has been known for landlords to lodge the deposit late and not be penalised by the courts for doing so.


Finally - I think i am mad in suggesting this but just in case. As I am aware that the deposit has not been protected I am not 'liable' in law in any way for something like aiding and abetting an offence? (Knowing it is illegal and permitting it)

It's the landlord's responsibility to protect the deposit and there are no sanctions that I am aware of against a tenant not insisting on it being done. However, this all may be completely academic as your deposit may have been protected but your landlord may have neglected to confirm it with you. You should check with all three schemes yourself

sequence

He can protect it and serve you notice, but it's unlikely. He's probably banking on you not knowing your rights (or he doesn't know his responsibilities...)

I wouldn't worry much.

tbs624

smallpurplepill wrote: »

Am I correct in thinking that a 'valid' S21 cannot be served if I haven't had this notice.

If your depositt has not been registered then any s21 served would be invalid

smallpurplepill wrote: »

Can the landlord subsequently protect the deposit and then 'immediately' serve a S21?

Yes

So, LL serves s21 , whilst dep unregistered, if you straight away pointed out that it was invalid, he could then serve you a valid one straight after registering your deposit ( but tying in with rent periods)

However, you could just stay quiet, hope no-one else alerts him to his error and wait until the non valid s21 expires before letting him know that it was in fact invalid. He then has to register the deposit, serve a new s21(abiding with correct rental periods) You don't actually have to go once the s21 expires, until the LL proceeds to seek and gain a court order for repossession. ( So a spin-out of several months) Not best way to get a LL reference though.
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smallpurplepill wrote: »

.... I do then have the protection of the law I guess in terms of fines and so on? (I would not want to go down this route but if there is any funny business - which I'm sure there won't be - it would be an option)

Not a fine but a penalty payment (civil) and law says it is LLs responsibility to do, not Ts responsibility to nag.

smallpurplepill wrote: »

Finally - I think i am mad in suggesting this but just in case. As I am aware that the deposit has not been protected I am not 'liable' in law in any way for something like aiding and abetting an offence? (Knowing it is illegal and permitting it)

It's doesn't fall under criminal law - so not an " offence"

Only you can decide really. Personally I'd rather have a tenancy deposit protected. If your LL has financial difficulties he may simply disappear with your unregistered deposit money.