Deposit Schemes questions - Scotland

Anya15

Hello everyone,

I am about to move out of my current flat. It's a privately rented property and I have been here for more than 4 years. I have always had a short assured tenancy which was signed every six months. I don't recall ever signing any inventory list.
I paid a deposit at the beginning of my tenancy and it's confirmed in my first contract. I am aware that there is a new law requiring landlord to pay the deposit he/she receives to a deposit scheme. My problem is that I have never received any confirmation that my deposit was paid into such scheme. This indicate that my landlord probably didn't use the scheme.
Are there any circumstances that may exempt him from paying my deposit into a scheme? He is not a resident landlord as he doesn't live with me. However, in each contract his address is identical with mine. I've just checked and it seems that he is registered as landlord. In case of any problems with getting my money back, what should I do?
Thanks for your help!

Anya15

Anyone, please?

Lokolo

Have you checked with the schemes themselves?

Anya15

Hello and thank you for your reply.
My landlord hasn't sent me the required tenancy deposit information. As far I as I know, he has a responsibility to supply with the required information about the deposit.
In order to check with deposit scheme providers, I need a login and password.

Lokolo

No you don't, you can ring the individual deposit schemes and ask them with your address to see if they have a record.

He is meant to supply you with the information yes, but just because he hasn't, doesn't mean he hasn't put it in the deposit scheme.

theartfullodger

That his address is that of the property indicates he might be (might only mind..) be on the fiddle with either or both his mortgage or not declaring tax.

As no deposit scheme has contacted you (by letter or email) saying deposit is secured it's a good bet he's failed to protected it: Silly landlord.

Good news is he's missed the deadline for doing so & you can now sue him through the local Sheriff Court for up to 3x deposit for his stupidity. This works - see...
http://www.landlordzone.co.uk/forums/showthread.php?57521-Deposit-precedent-set

See also this good advice from Shelter Scotland, the experts...
http://scotland.shelter.org.uk/get_advice/advice_topics/paying_for_a_home/deposits

The procedure for suing is at the bottom of this thread
http://www.landlordzone.co.uk/forums/showthread.php?54491-Agency-claims-they-dont-have-to-proect-deposit

Wonder what else he's "forgotten" to do. Gas Safety certificate?? Landlord insurance?? Safe Electrics??

In your shoes I'd move out, get as much as possible of the deposit back then sue the numpty bahmpot within 3 months... and grass him up to HMRC

Slàinte mhath!

Anya15

Checked all three of them. Nothing.

According to Safe Deposit Scotland online advisor:
''If a landlord is required to register with a local authority, and takes a deposit from their tenant, that landlord must also comply with the Tenancy Deposit Schemes (Scotland) Regulations 2011. If you believe that your landlord has not complied with the Regulations, you can apply for financial sanctions against the landlord through the Sheriff Court.''

I'll first check with my landlord but it doesn't look good (for him!).

Anya15

theartfulllodger, thanks!
Well, to be honest with you, there's never been any check up. Nothing. No fire blankets, etc. Nobody has ever checked the electrics or fire alarms...
In case of any problems, I'll use my knowledge against him. I am not a vindictive sort of person but I've looked after the flat...