Being asked for a deposit six years after moving in

Susan_m

hi Hope someone can help. Six years ago 20 families all moved into a housing association new build estate. Most of us had previously been in temporary accommodation. When we moved in we were asked to pay the rent in advance we could either pay weekly fortnightly or monthly aslong as we paid in advance Most of us set up direct debits for the beginning of the month to pay for the whole month. they have been happy with this, Now six years down the line they are saying they should have asked us for a month's deposit when we moved in and they want us now to pay it. For those who opted to pay weekly they only have to pay 1 week's deposit. Can they do this after all this time?

Fire_Fox

Is there anything about damage deposits in the documentation you have signed? Would be worth speaking to Shelter if this is unclear.

G_M

If this were a private tenancy I would say catagorically 'no'. They cannot change the rules after so long and suddenly demand a deposit.

However I'm not sure if it might be different with a HA. Though I doubt it.

thequant

even if in the original documentation it said you should have paid a deposit, after 6 years it's to late to ask for it (statue of limitations and all that). however that only kicks after 6 years, is it 6 years+ ?

caeler

Could you just say 'No thank you'? Simple but it might work. I can't see them being able to enforce their request.

G_M

caeler wrote: »

Could you just say 'No thank you'? Simple but it might work. I can't see them being able to enforce their request.

Depends to some extent on the security the tenant has.

If the result of refusal is that the HA gives the tenant notice, and then goes to court for possession, then saying "no thanks" may not be best policy!

What kind of tenancy is this?

Susan_m

Hi
I've checked the tenacy agreement and it just says we have to pay in advance. They set up the direct debit and have been paying at the beginning of every month to cover that month. They are now saying we should be paying to cover the following month. I've also checked the date we moved in and it was 5 years ago not six. Will this make a difference?

chappers

Who is the contract with and is there a fixed term .
I think you need some specialist advice from someone au fait with social housing contracts.
My initial thoughts are you will have pretty secure tenure and can probably tell them to go jump but without seeing the contract I wouldn't like to say(in fact even after seeing the contract I probably wouldn't like to say for sure.)
I would take some advice, give shelter a ring or get an appointment at citizens advice, you may even be able to get a free half an hour with a lawyer au fait with landlord/tenant law and this could probably be sorted that quickly.
In the meantime tell them that you are unwilling to pay them the deposit until you have taken legal advice.