Tenancy deposit not protected

herbgardinia

Hi all - hoping for some impartial opinions as I am quite cross with the whole situation myself.

I have another two months (nearly) left to run on my tenancy.

At the start of my tenancy almost two years ago, I was issued a tenancy agreement that plainly stated on the front page that my deposit was being held with A.N other custodial tenancy deposit service.

As I am approaching the end of my fixed term agreement, I asked for the reference number for this for my own records in case there were any issues following the move-out inspection.

The management service/EA then informed me that due to an 'oversight' the deposit was not lodged with an independent scheme and that the estate agents were holding it (not in an insurance scheme, just caretaking it).
I stated I did not feel this was acceptable, and contacted the council. They verified this was against the law but they were unable to take any action as a complaint needs to be put in by the tenant during the first six months of the tenancy.

My question is can they (the EA/landlord) refuse to put my deposit in a scheme for the last two months of my tenancy?
I don't want to with-hold rent but if they won't protect the deposit, I don't see what other option I have given they will be holding my money and I have no control over how much they choose to deduct from it following the end of tenancy.

There is no damage to the property and I plan to have it professionally cleaned. But the garden has been very hard to keep under control and all of the appliances/fittings were already quite worn when I moved in so I'm worried the ll may try to claim damages there.

Red-Squirrel_2

I'm not an expert, but from reading past posts on here it seems that this may be an advantage to you. If your deposit isn't protected you can sue the LL to get it back plus a penalty of 3x the initial deposit for not following the rules!

Don't withhold the rent, just sue when the time comes.

marleyboy

Similar thing happened to us before we moved. A lot of fudging and delaying tactics but never actually got the reference number.

In the end it was the LL who intervened and returned our deposit using his own money, we suspect even the landlord was kept in the dark, at first he said he will chase up the reference number for us, then out of the blue he was quick to pay it off after discovering it was not secured by them. No doubt he lost faith in the agency as a result.

Guest101

Expensive oversight.

Can't evict using s.21 & u can sue for 1-3x the amount as a penalty

Sounds pretty good for you.

Pixie5740

Withholding rent isn't your only choice. Keep paying your rent otherwise you'll end up in arrears. You don't know that the LL is going to make any deductions, you're getting ahead of yourself.

Actually not having the deposit protected means they're less likely to deduct anything since you could take them to court and sue for up to 3 times the deposit as compensation. It would be much more sensible for them to return your full deposit rather than antagonising you.

martindow

This puts you in a strong position. If you want to stay on the LL can't succeed with an S21 - an unprotected deposit is an absolute defence. They will need to return the deposit in full first before they can start the process to evict you.

You still have the option of making a claim for one to three times the deposit as it has not been protected. If you are planning to leave you could negotiate a good reference and full deposit return.

jjlandlord

If you decide to sue for the penalty, I would suggest that you go after the agent, as it would likely result in a larger penalty.

G_M

If you withhold rent you will be in arrears and a valid S8 Noticecan be issued.

As for the deposit:

* Deposits: payment, protection and return

herbgardinia

Thanks all.

I only have one month's rent left to pay, and have no intention of renting again so reference isn't an issue.

I really don't want to with-hold rent or overstay my fixed agreement. I just wanted my deposit to be protected as it should have been.

In any case, I requested that my deposit be placed in a custodial scheme immediately and the EA have sent me a reference number for that. I'll check directly with the scheme myself of course since they have not proven to be exactly trustworthy.

If my deposit is returned to me post inspection, I won't pursue it. If they try to play funny beggars then at least I know I have options.

The only thing is that I'm not sure the ll knows about any of this. I requested that he was told, and given the option of my either not paying the last month's rent or the deposit being protected immediately. It's up to the EA to tell him I suppose - hopefully they did given that his liability on this is significant.

G_M

If the agent failed to register the deposit they are hardly like to tell the LL unless they have no option.

Why not tell him yourself? You'll be doing him, and other LLs using that agency, a service.

Landlord & Tenant Act 1985

1 Disclosure of landlord’s identity.

(1)If the tenant of premises occupied as a dwelling makes a written request for the landlord’s name and address to—

(a)any person who demands, or the last person who received, rent payable under the tenancy, or

(b)any other person for the time being acting as agent for the landlord, in relation to the tenancy,

that person shall supply the tenant with a written statement of the landlord’s name and address within the period of 21 days beginning with the day on which he receives the request.

(2)A person who, without reasonable excuse, fails to comply with subsection (1) commits a summary offence and is liable on conviction to a fine not exceeding level 4 on the standard scale.

Note you must be a 'tenant' to do this. Once the tenancy has ended you are no longer a tenant and the Act does not apply.