Tenant deposit scheme question

furbabyrehomer

Hi everyone
I would like some advice please regarding the deposit scheme.
I am renting in Scotland and am having trouble getting information as to what my landlord has done with my deposit. Despite requesting the information in writing he has failed to inform me, stating that neither of us expect issues with eachother. Even though I have told him it is a legal requirement it seems he has no intention of telling me. I have no plans to relinquish my tenancy but fear if I press the matter he will want me out. I am a lone parent so that would be very difficult. Any advice on how to proceed gratefully received.

theartfullodger

Three points...

a) As he's "not bothered" with deposit protection one wonders what else he's "not bothered" with - eg Gas safety certificate, safe electrics, reporting renatl income to tax man, having agreement of mortgage lender to rent out, being a registered landlord (fine now up to £50k..) - check this last with
www.landlordregistrationscotland.gov.uk

b) You can't force a fool to do the right or sensible thing. Presumably you have prove you paid deposit???> Any court would side with you on return of deposit, all other things being equal, - was there an agreed (AGREED!) signed inventory with photos?? You can sue him if deposit not protected within 30 days of tenancy start for up to 3x deposit, and can do so for some time after you leave the property - see eg...
http://www.landlordzone.co.uk/forums/showthread.php?57521-Deposit-precedent-set

I'd not worry too much - in a sense this is to your advantage, but check safety etc is all OK.

c) Can he prove he served you an AT5 prior to the tenancy being signed?? (Given he ain't good at paperwork..). If not you have an AT not a SaT (regardless of what the paperwork says..) and he will find you almost impossible to evict if you keep paying the rent..

Cheers!

furbabyrehomer

Thanks ever so much.
When I first moved in I was told that the gas fire was not included in the servicing package and that if I wanted it serviced it would be at my expense.
I challenged this and he has finally paid for it to been done, but only after I reported a fault. I asked the gas engineer about a gas safety certificate and asked landlord to supply one, but again, it is not forthcoming. The engineer also suggested the property needs some sort of earthing work done when he checkex the meter box. No surprise that landlord hasn't got back to me on that one either, except to say he will sort it. I can indeed prove I paid a deposit and sent him a copy of ammendments I made to the inventory i.e. some items missing.
Looks like I have a challenge on my hands for 2014 .

theartfullodger

What a stupid (as in stupid to himself) bampot of a landlord..

In your shoes I'd...

a) Call the experts, Mssrs Shelter, the housing charity to get confirmation of anything I am suggesting on 0808 800 4444 see..
http://scotland.shelter.org.uk/get_advice/how_we_can_help/_free_housing_advice_helpline
& note

Shelter's free housing advice helpline

Shelter provides a free, national telephone advice line staffed by trained housing advisers. Lines are open from 9am to 5pm, Monday to Friday.

Housing problems can affect anyone. But many people can find it hard to go for advice or just don't know what help is available. Through our helpline, we have helped thousands of people solve all kinds of housing related problems, from finding them a place to sleep to suggesting how to handle mortgage arrears.

If you have a housing problem, you can call free on 0808 800 4444 free from UK landlines and now free to call from all six of the main UK mobile networks (Virgin, Orange, 3, T-mobile, Vodafone and O2, but charges may apply from any other network). Lines are open between 9am and 5pm, Monday to Friday.

Our advisers can:
give immediate, practical assistance
tell you your rights
offer advice and guidance
link you in with specialist or local services to help you longer term.

We will answer your call as quickly as we can and treat it confidentially.

When you call, it may help if you have information to hand such as:
your landlord's name and address and any letters you've received from your landlord, if you rent your home
your mortgage lender's details and any letters you've received from your lender, if you have a mortgage
details of any benefits you're claiming.

& see their wonderful info & advice here...
http://scotland.shelter.org.uk/get_advice/advice_topics/renting_rights/renting_from_a_private_landlord

b) Write (yes, WRITE!! keep copy) a calm polite letter noting ALL the issues and requesting he gives you a firm plan to fix matters within, say, 5 or 10 working days...

c) Assuming the clown doesn't then contact PRHP: Now obviously you know all about PRHP as he was legally required to write to you about them...
http://www.prhpscotland.gov.uk
PRHP...

The Private Rented Housing Panel (prhp) can help Scottish tenants and landlords resolve their differences.

Key question is probably...

theartfullodger wrote: »

....

c) Can he prove he served you an AT5 prior to the tenancy being signed?? (Given he ain't good at paperwork..). If not you have an AT not a SaT (regardless of what the paperwork says..) and he will find you almost impossible to evict if you keep paying the rent..
....

As if he can prove he served AT5 prior to tenancy signature he will be able to evict you for no reason after the end of the initial fixed term.... So if so you need to think about how much you wish to confront him: If he didn't serve AT5 prior then go in all guns blazing - but maybe expect unhelpful response.

In your shoes I'd conclude the priority is safety of the kids...

Even if he now protects deposit you may still sue the numptie for up to 3x deposit.

Landlord (assuming he can use a computer..) may of course be viewing this...

Please keep updating us on progress (or lack of it...)

Slàinte mhath!

Artful (Landlord btw...)

furbabyrehomer

As you have probably guessed I wasn't informed of the PRHP, but thanks to you I am better informed.
Thank you