Tenant deposits

SantaKlaus

I am a tenant and i know that the LL must give me the docs within 30 days to show my deposit is held in a deposit scheme, the LA did this in Dec 2009, but the LL sacked the LA years ago and now do it themselves, do they need to give it to me again after the fixed tenancy finishes and a rolling contract starts? I have no idea about this, i would have thought it wouldn't need to be given to me again but I just received an e-mail from the deposit scheme (first time via email):

..........................................................................................
Confirmation of your deposit protection extension



Tenant, Your my|deposits DPC has changed to SPT.

End date of fixed term: 06 August 2010

The end date of my original 6 month tenancy was in 2009 lol then i went into the SPT, Why am i only receiving this new document now in 2013 ? lol

Guest101

Recently a judge indicated that an spt is a new tenancy, and the info should be given again. This had not been tested fully though

SantaKlaus

So this means that the LL failed to provide me with this document in time (30 day period).

Guest101

Possibly, the law is not clear on this, yet to be tested

G_M

As Guest101 says, the law is unclear.

Landlord Associations are advising LLs to re-issue the PI just in case, but that does not mean they will be punished by the courts if they don't.

Common sense (occassionally courts use common sense!) dictates that as long as the deposit was registered when received initially from the tenant, and remains registered, the tenant is protected. Re-registering (and/or re-issuing the PI) is simply a pointless paper excercise that benefits no one.

As so often, Parliament drafted the legislation poorly leaving the courts to 'interpret' Parliaments intention whilst also complying with the (poor) words used.

So - maybe the law requires re-registration and.... maybe it doesn't!

dancingfairy

Getting all landlords to actually protect deposits would be a good start I know they are supposed to but many don't.
How much do you know about the LL? do you have an address for them? The landlord is ultimately responsible for returning your depoit so if worst comes to the worst and your deposit becomes unprotected then you will need to consider legal action against the landlord for the return of it.
Of course, your ll might be a decent sort and you might not need any of this and he will simply return it

df

Guest101

Unfortunately the cost of justice is what prevents this from happening.