Deposit protection

topsales

I have just recently moved into a rented house but paid the deposit over a month ago. I have had nothing from the agent/landlord about the deposit being protected and also haven't signed an inventory re the state of the house. How will these factors affect me when I leave the property, say in a year's time? I am in Scotland.

G_M

Sorry - Scotland...


Try Shelter Scotland

tommytynan123

Not sure about rules in Scotland about Deposit protection ... same ???

Use your trusty moby or digital camera and take photos of the house particularly areas that are a bit shoddy (if there are any). I would then take a set into the agents and keep a set. If your phots can include a date/time then great.
One mate of mine actually took photos - sealed in an envelope with seams signed over and sellotaped and then posted them back to himself where they sat unopened but with a date stamp on from PO.

tommytynan123

LLord has 30 days to deposit with DPS (England?) and you will receive an email/letter to verify from the DPS.

00ec25

Scotland has caught up with E&W - same rules now apply: 30 days or take the LL to court for the penalty

http://scotland.shelter.org.uk/get_advice/advice_topics/paying_for_a_home/deposits/tenancy_deposit_schemes


3 schemes - DPS is not one of them seeing as its for E&W only

• MyDeposits Scotland
• Safe Deposits Scotland
• Letting Protection Service Scotland

TDG82

My advice, having been in the same situation:

- Check it's an Assured Shorthold Tenancy (AST). If your landlord isn't living with you, it is, but check to be sure using the Shelter checker. If it says it is on your tenancy agreement, that won't be necessary. Sometimes landlords try to hide this from you to deny you knowledge of your rights. My contract even went so far as to specify that I didn't have an AST when legally I did!

- If it's an AST, your landlord has a duty to protect your deposit within the 30 days, and to provide you information (e.g certificate with ID number) within that time frame. This is under the Localism Act.

- If this hasn't happened, raise it with your landlord. Just remind them of their legal obligation but don't threaten court. There are several protection schemes (in England - Mydeposits.co.uk, Tenancy Deposit Scheme, Deposit Protection Service) so you'll need to know which one the landlord has used, which is why you need the certificate.

- When the LL has protected the deposit, and given you the details of which scheme they chose, *PHONE* the scheme to check the date that it was protected. For example, if the landlord protected it late, they're not going to tell you. Don't go on what is says on your online account screen, as that was inaccurate in my experience, and I would not have known if I hadn't called.

- If it was protected late, decide whether you want to take them to court. You could win a big payout as a penalty against them for not complying with the Localism Act.

- If the landlord doesn't protect the deposit, you can take them to court. I advise you to contact Shelter for advice on how to do this. You won't need a solicitor from what I recall reading, but contact them for the best advice.

jamie11

TDG82 wrote: »

You won't need a solicitor from what I recall reading, but contact them for the best advice.

Wrong, claims of this nature are allocated to the higher court. You will need a solicitor and possibly even a barrister. You should win if your facts are correct, however if you lose you will have to pay all the landlord's expenses as well as your own.

theartfullodger

TDG82 wrote: »

My advice, having been in the same situation:

- Check it's an Assured Shorthold Tenancy (AST). ... ....

TDG: This is Scotland: No such thing as an AST there...

martindow

jamie11 wrote: »

Wrong, claims of this nature are allocated to the higher court. You will need a solicitor and possibly even a barrister. You should win if your facts are correct, however if you lose you will have to pay all the landlord's expenses as well as your own.

Is it the same in Scotland?

jamie11

martindow wrote: »

Is it the same in Scotland?

Dunno, ask artful.

topsales

Thanks all for your advice - sorry it is Scotland! Over 30 days so will wait to see what happens.