Is our landlord unreasonable?

dove_

pmlindyloo wrote: »

This is very 'naughty' of the landlord. He should have returned the deposits to the previous tenants and then taken new deposits from you (have you separate tenancy agreements?) and deposited them in deposit protection scheme.

We thought it was strange. No we have the same tenancy agreement, but I gave half the total deposit to the tenant who left before me. My housemate did the same when she moved in. I checked though and the deposit is protected by TPS since March 2015.

dove_

FBaby wrote: »

Why or why did you agree to the terms of this agreement? It sounds like the old tenant broke the term of his tenancy and was told he could only do so if he found a replacement, you!

You shouldn't have agreed to be party to the inventory and certainly never should have agreed to give your deposit to the old tenant.

What has happened was so predictable. In any case, challenge them with the deposit scheme. 6 years down the line, they will struggle to justify that the carpet should look anything close to what it did then.

I know! I wish I hadn't but I was desperate to move out from my old place at the time. Lesson learnt.

Pixie5740

It sounds as though the LL has effed this up for himself. He should have carried out a check-out when a tenant left, made any necessary deductions to the deposit and returned the rest. Then carried out a proper check-in with the next tenant and protected their deposit. As it is, his laziness could well cost him as you have no inventory from the start of your tenancy. What a mistaka to maka!

Although I am confused by your posts. Was your deposit protected 14/12/2010 (impossible since you didn't become a tenant until 2015) or was it protected in March 2015?

G_M

dove_ wrote: »

We had to pay our deposit to the previous tenants so they were lucky and never had to get a check out done.

Ah! Well. That's different.

You gave some money to a stranger, with whom you have no contractual arrangement. I wonder what that stranger will say if/when you ask for the money back?

On the other hand, you never gave the landlord any money at all as a deposit. So he does not have to give you any back..........

G_M

dove_ wrote: »

Thanks! @G_M.
2) Our tenancy started on 11th Feb 2015, end on 1st March 2016 OK
3) No we didn't sign an inventory, but one from 2010 was mentioned in the tenancy agreement.
That inventory is nothing to do with your tenancy, so has no legal value as far as you are concerned
4) The other occupants tenancy started in 2010. The tenancy ended this 1st March 2016 OK
5) An inventory was made on 10th Dec 2010 by an independent company. I was provided with a copy that has no signature on it, more like a report.
as above
6) Our deposit is protected by TDS since 14th Dec 2010, expected to end on 1st March 2016
Since your tenancy started on 11/2/15, that deposit is nothing to do with your tenancy, and can be ignored.
7) The prescribed information form was provided to us on 6th March 2015

I don't understand the PI - how could PI be provided for a deposit that you did not pay?

As per my post above, you did not pay the landord a deposit.

The deposit he received in 2010 related to the tenancy starting at that time with your 'housemate', so your housemate should claim it back.

You cannot.

dove_

Pixie5740 wrote: »

It sounds as though the LL has effed this up for himself. He should have carried out a check-out when a tenant left, made any necessary deductions to the deposit and returned the rest. Then carried out a proper check-in with the next tenant and protected their deposit. As it is, his laziness could well cost him as you have no inventory from the start of your tenancy. What a mistaka to maka!

Although I am confused by your posts. Was your deposit protected 14/12/2010 (impossible since you didn't become a tenant until 2015) or was it protected in March 2015?

Well it looks like he's trying to make us pay for his laziness!
The deposit was protected since 2010 and marked online as updated in 2015.

dove_

G_M wrote: »

Ah! Well. That's different.

You gave some money to a stranger, with whom you have no contractual arrangement. I wonder what that stranger will say if/when you ask for the money back?

On the other hand, you never gave the landlord any money at all as a deposit. So he does not have to give you any back..........

The original deposit paid in 2010 is still on a bank account with the letting agent, but I had to pay the previous tenant so he could get his back.

dove_

G_M wrote: »

I don't understand the PI - how could PI be provided for a deposit that you did not pay?

As per my post above, you did not pay the landord a deposit.

The deposit he received in 2010 related to the tenancy starting at that time with your 'housemate', so your housemate should claim it back.

You cannot.

I should probably add that the original deposit from 2010 is still held by our letting agent. We both had to pay previous tenants their deposit back though. So the deposit is still protected, or I think it is.
Maybe I wasn't clear but our contract says the tenancy started in 2010 but I moved in in 2015, my housemate in 2013. So they updated the tenancy agreements with our names then.

[Deleted User]

Obviously I am guessing, but I would check who the deposit is registered under. If its to be returned to a tenant from 2010.., or tenants from 2010.., you could have problems getting it back anyway. Sorry.

You don't seem to be understanding this perhaps? This is what previous posts are trying to point out. You giving YOUR deposit to a previous tenant is a private arrangement. The DPS won't know you have moved in. You probably aren't mentioned anywhere with the DPS. The original tenants could be. They will get the deposit back, then you will have to pursue getting the deposit back from them.

The LA may do the decent thing, but they don't have to..,they just have to return the deposit to the tenants on the deposit paperwork as originally agreed.

G_M

dove_ wrote: »

The original deposit paid in 2010 is still on a bank account with the letting agent, but I had to pay the previous tenant so he could get his back.

Oh I understand perfectly what happened.

but it does not alter the legal position.

* you did not pay the landlord a deposit
* the deposit the LL received (in 2010) was not yours
* the LL has no legal obligation to you so far as the deposit is concerned.

Now, he may choose to acknowledge the transfer of payments that took place between you and the previous tenant, and to return to you the deposit holds, but he is under no legal obligation to do so.

To other tenants reading this: when paying a deposit at the start of a tenancy:

* pay it to the landlord, or his agent
* not to anyone else
* get a receipt, or retain some other proof of payment to the landlord/agent.