Problem Landlord

Wales123

My AST is coming to an end in the next few weeks, on checking details with the DPS (yes, all 4) it comes to light that the LL has NOT protected the deposit given to him. Of course, no details were passed on within the 14 days period as he hasn't done it.

On top of this, LL did not do an inventory when we moved in, and I fear that he will use this to say we have caused damage to said property, which is untrue.

No GSC was provided on taking up of AST and no safety checks have been done since moving into property.

Where do I stand if LL does not return deposit when we leave the property?

Werdnal

You sue them, the same as any tenant has a right to do either now - if the LL chooses not to use the deposit arbitration service - or before deposit protection was brought in.

When did your tenancy start exactly?

Are you leaving because the tenancy fixed terms ends, because you have given notice, or because the LL has given you notice. Any notice issued by LL whilst deposit not protected is invalid.

The inventory is the LLs proof of start versus end condition - no inventory, no proof.

Did you ask for a GSC - does not mean LL does not have one, just because he didn't give you a copy. If he hasn't had checks done, H&S could fine him.

What "safety checks" were you expecting? PAT testing of electrical applicances is not compulsory, and if your tenancy was 12 months or less, Gas check may not be due anyway.

Yorkie1

You have two options:

1. Write to LL telling him that your deposit does not appear to be protected, and asking him to do so. This at least gives you access to arbitration if he decides to try to dock money from it.

2. Ignore it for now and see what happens. You will have to resort to the small claims court to retrieve your deposit if he tries to withhold any of it.

As he failed to protect it within 30 days, he is also liable for a penalty of up to 3 months' rent but this is a more costly court procedure if you decide to claim this in addition to any outstanding deposit.

As regards deductions from the deposit, without an inventory he really is on a sticky wicket. He has to prove the state of the property at the start and end of the tenancy, in order to prove that you caused the damage. So it's in your favour if there is no dual-signed inventory.

G_M

* no gas certificate - why on earth have you waited till you're leaving to worry about this? CO poisoning happens while you live there, not after you leave!

* No inventory makes it harder for the LL tojustify any deposit deduction

* no deposit registration means you can claim 3 timesthe deposit as penalty. In practice, it's a bit of a faff, but if the LL makes deductions from the deposit you can always .... make a bargain..