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Deposit not held in one of the three schemes
moreofthegoodstuff
Posts: 653 Forumite
Our deposit for our rented property is being held with an estate agent and not in one of the schemes, does this mean its not protected?
What happens should the LL want to make reductions when we move out for damage? (We haven't done any damage but know they could still try and take some)
What happens should the LL want to make reductions when we move out for damage? (We haven't done any damage but know they could still try and take some)
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Comments
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"Held by the agent" doesn't automatically mean not registered with one of the schemes. Have you checked with all of them yourself?0
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There are now more than 3 schemes....
http://www.landlordzone.co.uk/forums/showthread.php?54362-New-deposit-protection-scheme-introduced-CAPITA0 -
You should have received the certificate confirming that your deposit has been proteced as well as receiving the prescribed information leaflet called "information for tenants".
this should have been done with 30 days of the deposit being proteced or the money handed over to the agent0 -
At this moment in time, an unprotected deposit is to your advantage as the LL cannot use S21 to evict. Your rights regarding the deposit remain unchanged. I'd consider enjoying the protection from eviction the unprotected deposit provides and take the appropriate actions against the LL at the appropriate time.0
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Are you in England? Scotland? The laws are different.
If Eng, then if the deposit is NOT registered in one of the five schemes (see here), then
a) you can go to court and claim a penalty of 3 times the deposit or
b) the LL can not issue you a S21 Notice (needed before evicting you
If the LL decides to make deductions from your deposit when you leave, having it registered helps you access the arbitrations csheme, but not having it registered allows you to threaten the penalty.
over to you!0
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