Tenancy/Deposit worries

Mat_Lock

Having a few concerns about deposits and the contracts in rented flat. Long story impending...

In October 2012 (17th) my girlfriend and her friend moved in to a rented flat via a letting agency. Full deposit was paid of £1523.08 by the friend and both girls signed a contract for 12 months and the landlord counter signed. An inventory was apparently carried out when they moved in but I have not seen any paper work for this.

Fast forward to June 2013 and friend wants to move out of the flat on 1st August 2013. I am to move in on that day and take over the contract. Agency/Landlord agreed to an amended contract starting from 1st August 013 until 17th October 2013.

A single page amended agreement document was sent to me to sign and date which I did, having noted an incorrect address for the rental flat on the agreement which I told the agency about and they said it was fine they'd amend it.

I then asked them how the deposit was going to be returned/changed in the scheme to accommodate the new tenant (me) and the leaving tenant. They advised the money was in a scheme and when deposits would be returned I just needed to provide my bank details for deposit return. So I ended up paying back the deposit from my own money to the leaving tenant. Gave her the full half of the deposit owed (which I knew shouldn't be full as she had lived there for 9 months already and caused damage but carried on to stop any agro)

So a few weeks before 17th October I contacted the agency about a renewal contract and how to proceed. They said they would contact renewals and be in touch. We haven't head anything back since.

It's now December and I am starting to think about the deposits and how/why we have no information relating to a Deposit Scheme on paper. So I have been trying to find out if our deposit is held in a scheme. I have checked all 3 of the deposit scheme companies and not one has come up with anything. Checked under my name, the original tenants name, deposit amount, various dates but nothing comes up.

So now I am thinking that the money has not been held in a deposit scheme at all hence why when they said they would pay deposit back all I would need is my bank details. I want to see paper work of a deposit scheme etc.

We've also had no yearly gas inspection carried out.

We have a mould/damp problem in the flat too, which I have spoken to the landlord about and he constantly blames us for poor circulation even though windows are open (ground floor flat, so negates our insurance), window vents are open, bathroom window open when showering, doors open and heating regulated. Landlord just keeps trying to get mould killer on the walls and painting over it.

Anyway my concern is the deposits and how I go about making sure they are secured and if not what we can do about it. Not sure where this rant is going but needed to vent.

BitterAndTwisted

WRITE to the landlord, sending a copy to the agent asking them to confirm which deposit-protection scheme the original deposit was registered with.

While you are still in the property (although it sounds like you shouldn't be. Why the blazes would you want to renew if the place is damp and moudly despite your best efforts?) you still have the opportunity to withhold rent at the end of your tenancy if you are concerned that the deposit will never be seen again.

Mat_Lock

It's only in 1 of the bedrooms, the rest of the flat is fine. We can't afford to move out as we have no money for deposits on another flat. Costs a lot of money to move out renting, especially in and around London zones.

BitterAndTwisted

OK then. Just write as advised (no emails, text-messages or anything else) and come back to this threat once you've received your answer.

It sounds to me from what you have described that the original tenancy hasn't ended, just that an amendment to it has been made. Therefore the deposit should still be protected, very likely under the "lead tenant's" name. There's no scope in a joint-tenancy to split the deposit between the parties.

You need to know a couple of things:

The final responsibility for protecting the deposit lies with the landlord as this is the party who you have entered into a contract with, regardless of who the money was physically paid over to.

Protecting the deposit is not optional and courts award penalties for not doing so. Like up to three-times the deposit as a penalty.

That as long as you continue to pay the rent your tenancy cannot be ended by your landlord.

n.b. There is no need to sign a renewal if you don't want or need the security of another fixed-term AST. Until your deposit is protected you have security as long as you continue to pay the rent in full and on time. Agents encourage renewals so they can charge you another fee for the pleasure. I would advise you to hold out signing another fixed-term even if you want one until you have an answer to your deposit question.

Mat_Lock

Thanks for this information. We are still trying to find any paperwork that relates to the DPS our deposit is in as they are sure they never received any when they moved in or after the mandatory 30 days.

I need to write a letter but am not sure how to word it, I've looked for templates but they all seem to be for after you've moved out.

tbs624

Mat_Lock wrote: »

Thanks for this information. We are still trying to find any paperwork that relates to the DPS our deposit is in as they are sure they never received any when they moved in or after the mandatory 30 days.

I need to write a letter but am not sure how to word it, I've looked for templates but they all seem to be for after you've moved out.

You may like to follow Shelter's guidance here (includes letter templates for continuing tenants, as well as those who have moved out)