Getting 3xdeposit if landlord does not put it in deposit protection scheme?

Muddlehead

So as my title suggests I am wondering if I am entitled to this. I was renting a room and had a six month contract which stated the deposit would be placed in a scheme.

I left early, just before 5 months had passed. At this point I had paid 5 months rent and the initial deposit (equal to another month's rent). The final month's rent would be due this week. I was planning not to pay it as I have nothing to gain - at best I will simply get it back a month later.

But now I am investigating making a claim and so I am wondering if I should I pay the last month's rent? Will not having paid this invalidate my legal claim?

I do not know for sure whether anything has been deposited but as I did not know anything about it seems unlikely.
Should I check with the deposit protection service before writing to my landlord?

MentalMinnie

Why have you left a month early? As a lodger I don't think you have the same rights as a tenant.

nikki1520

Were you a tenant in a HMO, or a lodger? - there is a difference in treatment.

AFAIK the courts have the power to award up to 3x the deposit if it's not been registered, but the landlord can register it up to the day you go to court (I think) - I don't think I've ever heard of the power being used by a court though.

However, it is certain that if you had a 6 month tenancy agreement (as opposed to a lodger agreement) if the landlord took you to court, he would win and you would have to pay costs. Assuming he has your forwarding address to serve papers.

Muddlehead

I signed "Tenancy agreement - England and Wales F301E (for a Furnished House or Flat on an Assured Shorthold Tenancy)"

Basically the landlord lived in the house downstairs. I shared the front door, and had a room which contained a kitchen and also had an ensuite bathroom, so it could be considered a flat.

"The Deposit £@~! which will be registered with one of the Government authorised tenancy deposit schemes ("the Tenancy Deposit Protection Scheme") in accordance with the rules of the appropriate Tenancy Deposit Protection Scheme Rules."

I'm not sure I follow you when you say the landlord would certainly win if he took me to court.

theartfullodger

Muddlehead wrote: »

....

Basically the landlord lived in the house downstairs. I shared the front door, and had a room which contained a kitchen and also had an ensuite bathroom, so it could be considered a flat.
....

If this was a "purpose built" house/flat you have/had an Assured Shorthold Tenancy: If it was however a conversion then it wasn't an AST (See Clause 10 (1) a of Schedule 1 of Housing Act 1988..
http://www.legislation.gov.uk/ukpga/1988/50/schedule/1

) - so deposit protection does not apply......

However LL may well not realise it wasn;t an AST in such circumstances... Blackmail is such a nasty word....

Many tenants, a few landlords, loads of letting agents, some solicitors & some council housing advisers don't understand the point....

Muddlehead

theartfullodger wrote: »

If this was a "purpose built" house/flat you have/had a tenancy: If it was however a conversion then it wasn't an AST (See Clause 10 (1) a of Schedule 1 of Housing Act 1988..

) - so deposit protection does not apply......

However LL may well not realise it wasn;t an AST in such circumstances... Blackmail is such a nasty word....

Thanks for your reply.

So if it isn't an AST, does that mean the entire contract is invalid? If you rent a room/flat/whatever and sign a contract, which turns out to be inappropriate, and, when informing the LL you will leave early, he tells you that you must pay all 6 months rent, has the LL not done something improper?

Does it at least mean that if he contacts me to say he has found some damage to the room, that he cannot obtain further payment from me as the contract was invalid?

So maybe I should do nothing, but if he contacts me, ask him to refund my "deposit" as otherwise he may have to pay me 3 x deposit?

Werdnal

The 3x deposit is not a "given". The legislation is for a penalty of 1-3x the deposit value, depending on the circumstances and the court decision in each case. This claim would need to go through the correct legal channels, and court application could be in excess of £1K in fees. Obviously, if you won, you could claim the fees aswell, but all depends on whether your LL gave you the correct agreement and if the court decree you were in fact a lodger not a tenant, you would have wasted £1K for nothing.

G_M

Whether it is an AST or not depends on the facts, not on what is written on the contract. If you hang a notice round a dog's neck saying "this is a cat", it is still a dog!

If the agreement is wrongly described (ie it says AST but in relaity isn't) it is still a valid contract, and the terms (ie 6 months) are still valid.

However the leglislation relating to AST's (eg deposit protection) would not apply.

Contract law, however, would still apply.

So the question is as artful says above:

* is the property a conversion?
* are you 'sharing' the property?
* to what extent?
* do you have exclusive occupation?

read artful's link.

Frankly, if you agreed to a 6 months contract you should pay rent..... for 6 months.

If you did not cause damage, you will get your deposit back. If you caused damage, you should pay for it.

It's really pretty simple......

tim123456789

nikki1520 wrote: »

Were you a tenant in a HMO, or a lodger? - there is a difference in treatment.

AFAIK the courts have the power to award up to 3x the deposit if it's not been registered, but the landlord can register it up to the day you go to court (I think) - I don't think I've ever heard of the power being used by a court though.

That was the old rule. The new rules make that impossible.

And there were loads of cases that went to court, that was how the deficiencies in the system were discovered which caused the rules to be changed.

G_M

tim123456789 wrote: »

That was the old rule. The new rules make that impossible.

Localism Act 2011 (section 184 - updates to deposit scheme rules) Plain English explanation!

Implemented April 2012.

Stujclark

I am having exactly the same trouble with my landlord, it was going on for months. There are a few places that will claim your deposit and the 3 times penalty imposed on landlords for free. Not sure if I'm allowed to say who though on here but the one I used was ismydepositprotected.com.

The law is just simple and it annoys the hell out of me that landlords insist on tenants meeting their obligations, but not fulfilling heir own.

Try that company, it is good, and if it doesn't work it costs you nothing so you've got very little to lose.

Good luck