Landlord protected less than full deposit

pyueck

Got a question not sure on the answer to.

Have a situation where a landlord has protected a deposit, however not for the full amount. The amount protected is £2021, but the deposit was £2100 and this is the amount on the tenancy agreement.

My questions are:

a) If at the end of the tenancy the landlord says that the deposit was only £2021, would the tenant be able to dispute this with the DPS for the unprotected £79 amount, or would their only recourse be the courts.
b) Is the tenant able to apply to the court for the up to 3x payable if a deposit is not protected. Would this apply to the full deposit or just the amount not protected.
c) any other advice appreciated

Guest101

pyueck wrote: »

Got a question not sure on the answer to.

Have a situation where a landlord has protected a deposit, however not for the full amount. The amount protected is £2021, but the deposit was £2100 and this is the amount on the tenancy agreement.

My questions are:

a) If at the end of the tenancy the landlord says that the deposit was only £2021, would the tenant be able to dispute this with the DPS for the unprotected £79 amount, or would their only recourse be the courts.
b) Is the tenant able to apply to the court for the up to 3x payable if a deposit is not protected. Would this apply to the full deposit or just the amount not protected.
c) any other advice appreciated

Was the £79 the check out fee

pyueck

Guest101 wrote: »

Was the £79 the check out fee

Could be, would this mean that this doesn't need to be protected even though the amount in the contract is £2100?

Guest101

pyueck wrote: »

Could be, would this mean that this doesn't need to be protected even though the amount in the contract is £2100?

Well it should, but eventually you'll have to pay the £79, so it's just paid in advance. - Check, ask the question, but not worth the arguement if this is the case.

theartfullodger

pyueck wrote: »

....

.....
b) Is the tenant able to apply to the court for the up to 3x payable if a deposit is not protected. Would this apply to the full deposit or just the amount not protected....

Yeah, of course: "The deposit" hasn't been protected: End of.

Stupid, stupid, landlord

G_M

Lets not jumpt to conclusions.

On the face of it, yes, if the full deposit is not protected then the penalty can be sought.

But I find it strange that a LL would be sensible enough to go through deposit registration process, yet stupid enough not to register the whole deposit.

Guest101 raises a good question, and there may be others, to explain why £79 less was registered.

OP - read the tenancy agreement carefully and see if there are any clauses that could explain the missing £79 eg inventory, check-in or some other fee.

jjlandlord

If the agreement states a deposit of £2100 and the tenant paid £2100 to that effect then the deposit is £2100 and that much should have been protected.

However, the penalty would likely be worked out on the non-protected part (unless there's case law on this?).