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Deposit Protection
Comments
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Thank you all.
So it seems the deposit should be protected. The reason I wanted to find out is because the Landlord has always been difficult about sorting thing out that needed fixing.
Now we are thinking about moving it would be easier if the deposit was protected because I think he might be difficult about giving the deposit back. There is 14 years worth of wear and tear and a lot needs doing - walls need painting, carpets need replacing etc. I want to make sure we aren't paying for it.0 -
Jack_flash wrote: »Thank you all.
So it seems the deposit should be protected. The reason I wanted to find out is because the Landlord has always been difficult about sorting thing out that needed fixing.
Now we are thinking about moving it would be easier if the deposit was protected because I think he might be difficult about giving the deposit back. There is 14 years worth of wear and tear and a lot needs doing - walls need painting, carpets need replacing etc. I want to make sure we aren't paying for it.
After a 14 year tenancy the LL wouldn't stand a chance with a deposit scheme arbitrator with claims for redecoration or carpets.
However, given that the LL has failed to protect the deposit, you are in a strong position. I don't think there's any point in getting them to protect the deposit now. You could sue them for the penalty for failing to protect (1-3 times the deposit), or you could merely use that as a threat to get them to return the deposit in full. I'd suggest keeping these cards close to your chest until you actually move out and need the deposit back.
It also means that any Section 21 notices the LL serve will be invalid unless they return the deposit in full before serving the notice.
Are you planning to leave any time soon?Let's settle this like gentlemen: armed with heavy sticks
On a rotating plate, with spikes like Flash Gordon
And you're Peter Duncan; I gave you fair warning0 -
Thanks benjus, I don't really want to go down the legal route but it is a good idea to use it to our advantage when we do leave.
We have to give a month notice on our current place - runs 1st to the 1st . So hoping to exchange by the end of the month so we can leave by the end of May.
If we can't exchange by May 1st we will have to stay until 30th of June. Which would be rubbish. I really don't want to have 8 weeks between exchange and completion.0
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