Fixed 12 months tenancy & lost Deposit Certificate

CampNou

Dear All, I need some advise.
We moved into our current rented property June 2010 via an estate agent.
We agreed a fixed 12 months tenancy & placed a deposit of 1.5 months. Deposit certificate received (But it is lost now). No inventory was signed.
Year later landlord directly accessed us & made a one page memorandum to say rent is increased & sign & return if we are still accept a fixed 12 months contract. But no proper agreement wasn’t produced to explain the maintenance etc. I wasn’t inquiry about the deposit or new deposit certificate.
Similar memorandum signed for last 2 years & continued the tenancy.

Now the situation is that we have bought a house & need to give notice to our landlord.
My questions are:
-Can I terminate the fixed term tenancy (agreed in a memorandum) before the end date?
- Who is responsible to return the deposit (Landlord or Estate agent)?
-Can I still ask for the deposit though Deposit Certificate is lost?
-Can landlord keep some money from deposit for damages/maintenance though we don’t have an inventory as such?

Many thanks.

benjus

CampNou wrote: »

Dear All, I need some advise.
We moved into our current rented property June 2010 via an estate agent.
We agreed a fixed 12 months tenancy & placed a deposit of 1.5 months. Deposit certificate received (But it is lost now). No inventory was signed.
Year later landlord directly accessed us & made a one page memorandum to say rent is increased & sign & return if we are still accept a fixed 12 months contract. But no proper agreement wasn’t produced to explain the maintenance etc. I wasn’t inquiry about the deposit or new deposit certificate.
Similar memorandum signed for last 2 years & continued the tenancy.

Now the situation is that we have bought a house & need to give notice to our landlord.
My questions are:
-Can I terminate the fixed term tenancy (agreed in a memorandum) before the end date?
- Who is responsible to return the deposit (Landlord or Estate agent)?
-Can I still ask for the deposit though Deposit Certificate is lost?
-Can landlord keep some money from deposit for damages/maintenance though we don’t have an inventory as such?

Many thanks.

If you signed and returned the memorandum I suspect that a court would view that as acceptance of a new fixed term contract. Not sure though.

Deposit certificate is irrelevant to getting the deposit back. You can call the deposit protection company and ask for the deposit ID if you've lost it.

The LL can claim from the deposit damage, but they would be unlikely to be awarded anything by a deposit protection scheme adjudicator without a signed inventory. Unless maybe something was brand new when you moved in and they can provide an invoice proving that it was installed in the property just before you started the tenancy, or something like that.

Did the LL provide you the Prescribed Information for the deposit protection (not necessarily the same as the deposit certificate), and did they re-issue it when you renewed?

CampNou

benjus wrote: »

If you signed and returned the memorandum I suspect that a court would view that as acceptance of a new fixed term contract. Not sure though.

Deposit certificate is irrelevant to getting the deposit back. You can call the deposit protection company and ask for the deposit ID if you've lost it.

The LL can claim from the deposit damage, but they would be unlikely to be awarded anything by a deposit protection scheme adjudicator without a signed inventory. Unless maybe something was brand new when you moved in and they can provide an invoice proving that it was installed in the property just before you started the tenancy, or something like that.

Did the LL provide you the Prescribed Information for the deposit protection (not necessarily the same as the deposit certificate), and did they re-issue it when you renewed?

LL didn't give me any document in regards to Deposit when we renew the contract. I just rang former Estate agency & they confirmed that deposit still with them. Not sure if it is with a protected scheme. Thanks.

G_M

You can find each of the schemes here (Deposits ) and check if your deposit is registered.

Yes, deductions can be made for damage, and if you caused the damage, then you should accept the deduction (providing they are fair).

However if you dispute the deductions, the lack of inventory will make it harder for the landlord to justify.

It sounds like you have renewed the 12 month fixed term agreements each year, so you can only leave at the end of the current 12 month period (unless the original contract had a 'Break Clause' - do you still have a copy?)

The LL should have re-issued the 'Prescribed Information ' each year.

CampNou

Dear All,
See below email that I got from my landlord. As I mentioned earlier posts that no inventory was signed. They have done no maintenance to the property for last 4 years. I did wall re-painting, new wall papering etc. Now it seems like they are going to assess the condition against the condition had 4 years ago. Can they actually claim anything if I do not agree?

Below is the email content:

We are attaching a Utility Questionaire which please infill and forward to us on the day of leaving.

Taking your final readings and forwarding to the necessary authorities


Please ensure that the property is handed back with the following undertaken.



1. All windows are cleaned

2. All carpets are cleaned

3. Kitchen stove, fridge etc, is cleaned and in working order.

4. Kitchen units inside and outside are clean

5. Any decoration, excluding the bathroom and hallway are made good where marked.

6. All rubbish removed

7. Any damage is made good.

8. Garden tidy and no rubbish both front and back.

9. Replace anything which has been removed from property


Prior to handing over.


Your deposit is in a deposit scheme with Rennies Estate Agents who will arrange for this to be returned to you

When the property has been inspected and approved.

We have advised them of your vacating the property.

[Deleted User]

Personally, I'd write (letter not email) to the LL, saying that the deposit is supposed to be protected in a scheme (not with a letting agent) and as the LL is responsible for the correct lodging of the deposit could you please be given details of the scheme the deposit money is held with, together with the ID.

This might put them on notice not to play silly Bxggures.

CampNou

deannatrois wrote: »

Personally, I'd write (letter not email) to the LL, saying that the deposit is supposed to be protected in a scheme (not with a letting agent) and as the LL is responsible for the correct lodging of the deposit could you please be given details of the scheme the deposit money is held with, together with the ID.

This might put them on notice not to play silly Bxggures.

Thanks deannatrois. I already asked this question from letting agent via email and followed up few times for last couple of weeks but no good answer yet. Also I have done online searches on Deposit schemes but can't find a record for this property. Can they still put this deposit in a scheme and get away with their fault if they haven't put it in a scheme as yet?

thanks

Pixie5740

No, it should have been protected within 30 days of receiving your deposit. Then each time a new tenancy started, be it fixed term or periodic, you should have been issued with the prescribed information i.e. where the deposit was help, how much it is etc.

CampNou

No reply from LL or letting Agent yet in regards to TDS. I have to handover the house by 31 January 2015 (I asked few weeks of rent extension due to my new bought house exchange is delayed, but agent said NO). Anyway, now I am repainting walls & do other repairers even though we have no inventory signed at the beginning or at renewals. I am not going to do back garden though it has few damages to the fence.

My questions :
1. Given that no inventory signed, I am I legally bonded to all repairs ? But they still have pictures of original condition on agent’s website.
2. What do you recon I should do on deposit if they haven’t put it on a TDS? If I go to court what is the formal procedure?

Thanks again.

Pixie5740

Your LL has already agreed an early surrender with you since really you had a 12 month fixed term so it's not unreasonable for them to refuse an extension. You shouldn't have given any kind of notice before exchange...lesson learned.

In answer to your questions:

1) You have to return the property in the same condition it was at the start of the tenancy minus any fair wear and tear. The onus is on the LL to prove you caused any damage over and about fair wear and tear. An inventory would be one way to do this but it's not the only way.

2) Did you check all the deposit schemes to see if your deposit had been lodged with any of them as G_M suggested in post number 4 back in November?

What is it that you want to achieve? Getting your deposit back? Suing for non-protection of deposit (if it hasn't been protected)? Suing for not being issued the Prescribed Information?

See Shelter's guide to deposits.

http://england.shelter.org.uk/get_advice/tenancy_deposits

CampNou

I checked through all deposit schemes but no luck.