In a mess totally

Yorkie1

Sorry thegirlintheattic, but failure to protect a deposit is not illegal. Yes, it is a matter which can be pursued in the civil courts, but it is not a criminal offence which is prosecuted in the criminal courts.

thegirlintheattic

Maybe wrong choice of words but the LL must protect the deposit, as mandated by the government.

cupcake287

Yorkie1 wrote: »

Just wanted to requote your original post to remind us of where we started.

The AST is completely valid irrespective of the deposit protection. That is not a way out of your situation.

The relevance of the deposit protection is a) the LL cannot issue you with a valid s.21 notice of intention to evict (so if you wanted to stay beyond the end of the fixed term, they couldn't get you out without protecting it); and b) it is potentially easier for you to get it back from a deposit scheme rather than trying to sue an overseas LL in the courts.

You did not answer the question about how you pay the rent - whether to someone else in the UK or to them directly.

I don't like confrontation so personally wouldn't initially go down the witholding rent route. But I would write to them 1) asking for the deposit to be protected, 2) for an address in E/W as per G_M's post, and 3) also (if you pay them direct) for evidence / confirmation that they are registered as non-resident LL's for tax purposes.

The last point is important because if they are not, and you are paying them direct, you will be the person that HMRC come after for the tax at (I think) 20%.

Thanks for clearing it up - i pay them directly in to their personal account from what i can tell.

I'm wary about bringing any of it up incase they just serve us notice or something.

Yorkie1

thegirlintheattic wrote: »

Maybe wrong choice of words but the LL must protect the deposit, as mandated by the government.

Agree with that

Yorkie1

cupcake287 wrote: »

Thanks for clearing it up - i pay them directly in to their personal account from what i can tell.

I'm wary about bringing any of it up incase they just serve us notice or something.

Getting a little confused here. Why are you worried about being served notice? You want to leave. Anyway, back to the questions you have asked.

Your tenancy is for 12 months from a date in April this year.

You have said that there is a 2 months' notice break clause at 6 months (although you haven't posted the exact terms on here so it's not currently clear whether the notice should expire at 6 months or be given at the 6 month point. If the former, you / they may have missed the boat as we're quite a long way through August already.)

It would be unusual for the break point to operate in only 1 direction, so I would expect them to be able to give you notice as well as you give them notice.

Neither of you can serve effective notice apart from that. They can't get you out without your agreement, you can't leave unless they agree.

I'm not sure whether the failure to protect the deposit means that they can't operate the break clause in any event. Hopefully others will know.

Frankly, you want out. I'd post up the exact dates of the start of your tenancy and the terms of your break clause and let us take it from there.

G_M

Yorkie1 is spot on.

My posts were to tell you your rights. Whether /how you choose to use the information in practice is a different question.

Avoiding confrontation is sensible. But so is standing up for your rights and protecting yourself. Follow Yorkie's advice.

Balance those two approaches.

G_M

cupcake287 wrote: »

Thanks for clearing it up - i pay them directly in to their personal account from what i can tell.

I'm wary about bringing any of it up incase they just serve us notice or something.

They can't serve you notice if you have a 12 month contract except in accordance with the break clause - please tell us the exact wording!

It sounds like HMRC could demand that YOU pay THEIR tax. So start deducting tax, including enough to cover previous paid rent, unless/untill they show you evidence that they have HMRC agreement to receive rent in full.

Read here.

Ignoring all these issues out of fear of what the LL might do just leaves you vulnerable to .... what the LL/taxman might do!

G_M

Yorkie1 wrote: »

I'm not sure whether the failure to protect the deposit means that they can't operate the break clause in any event. Hopefully others will know.

To operate the 6 month break clause the LL would, I believe, have to give S21 Notice.

A S21 is invalid if the deposit is not protected.

So you cannot be given notice.

Werdnal

Yorkie1 wrote: »

Getting a little confused here. Why are you worried about being served notice? You want to leave. Anyway, back to the questions you have asked.

Yorkie - OP does want to leave, but needs to secure alternative accommodation, that will accept a dog aswell, before doing so. If LL should push for possession before they have found somewhere (as seems to have happened when OP left previous property), they may have nowhere else to go.


Cupcake - I would play it cool for now, but bear in mind all the good advice from others here on your legal position and particularly the fact that your LL's breach of deposit protection means any S21 notice they should give you will be invalid. Don't let on to them that you know this, incase they are not aware. Look for alternative accommodation, and once you have found somewhere suitable, give your notice in accordance with your break clause.

Good luck!

Yorkie1

Ah yes, had forgotten about the dog with all the other tangents we'd gone onto!