Landlord's Deceit - What should I do...

jjlandlord

danswer wrote: »

Interesting point from LL perspective

I did not comment from any perspective other than based on what you wrote.

Fire_Fox wrote: »

Formally informing of a rent increase is not a separate issue, the landlord cannot enforce section X notices if he is already in breach of the law.

Increasing the rent, whether by mutual agreement or through a section 13 notice is not dependent on the deposit being protected.
Protection of deposit only impacts validity of a section 21 notice for possession.

thelem

danswer wrote: »

Intention is to pay the last month's rent, move out and then try to get the deposit back. One question is whether the 1x or 3x deposit should be pursued before or after the tenancy ends?

Make sure you follow the notice requirements of the older AST, don't just make up your own notice period.

What amount has he protected under the deposit scheme? If it's the original deposit you paid (6 weeks) then that's now safe, so I'd expect it to be returned minus reasonable deductions within 10 days of you moving out. If it's the lower amount, then there is no benefit in delaying getting him to accept the correct amount.

If he's now protected your full deposit then you no longer have a moral claim on the 3x so I'd just leave it. I don't know where you stand legally on that though.

jamie11

thelem wrote: »

If he's now protected your full deposit then you no longer have a moral claim on the 3x so I'd just leave it. I don't know where you stand legally on that though.

Legally your landlord must now return your full deposit to you before any S21 can be validly issued.

Even if that is done you can still sue for between 1 and 3 times the deposit amount, although this may be an expensive process. You may or may not be awarded costs.

Morally, I would not presume to comment.

robpw2

thelem wrote: »

Make sure you follow the notice requirements of the older AST, don't just make up your own notice period.

What amount has he protected under the deposit scheme? If it's the original deposit you paid (6 weeks) then that's now safe, so I'd expect it to be returned minus reasonable deductions within 10 days of you moving out. If it's the lower amount, then there is no benefit in delaying getting him to accept the correct amount.

If he's now protected your full deposit then you no longer have a moral claim on the 3x so I'd just leave it. I don't know where you stand legally on that though.

legally the landlord has made a mistake and is unable to rectify it by now protecting the deposit, the localism act ammended the information on deposits meaning landlords have 30 days to protect the deposit , failiure to do so will not only make them liable for a possible penalty up to 3* deposut , this is now determinable by the court but in a situation where they are unable to issue a section 21 .
finally they have closed the loophole which landlords were exploiting to avoid court action .

http://www.furleypage.co.uk/news-events/law-updates/changes-regarding-protection-of-tenants-deposits-following-the-localism-act-2011/