Should I/can I claim for non-protection of deposit?

tea_n_toast

Hi everyone,

Have been in this rental property for 6 years and from what I can see doing all the checks on all the websites I can find our landlord hasn't protected our deposit. I'm also unsure if we even have a tenancy agreement as the landlord hasn't asked us to sign something for quite some time and to begin with it was every 6 months. All parties concerned have been pretty laid back up until now ... landlord has put house on market after allowing us to feel pretty secure and long term here including spending money on the house (maybe not legally wrong but very much morally wrong IMO).

I have thought of claiming for non-protection of deposit before but had wanted to avoid any awkardness/confrontation but now I'm feeling like scew them especially as he is now being awkward in terms of viewings. Also ... I do no think they are registered with the council.

What can or should I do, if anything?

Thanks

dc197

Google will tell you the date from which deposits had to be protected. If may have been more recent than 6 years, in which case you LL has not been naughty if he has not protected it.

In what way is he being awkward re viewings? Have your received notice?

[Deleted User]

Don't allow viewings unless you want to but but obviously this may speed up the eviction process (calculate 3 months if S21 has not already been served, much less if it has).

Inform the LL or not if the deposit has not been protected that you can seek 3x the deposit. If the deposit has not been protected, the S21 will not be considered valid until the deposit has been returned. If the LL goes for a possession order through the courts, this will gain you extra time as he will have to return deposit and maybe reissue the S21 (not sure about that) before a possession order has a chance of being granted (as long as you say as your defence that the deposit has not been protected so the S21 is not valid).

Take lots of photos before you move out. The LL could be as dirty claiming the property has been damaged as he is being over viewings etc. He could take you to MCOL to claim back what he sees as 'repairs'. The fact that you have been there so long will help mitigate any costs unless its something major.

tea_n_toast

I don't want to say too much in case they also use this forum but basically it doesn't appear I have any say in when the viewings take place. I *think* I'm within my rights to refuse viewings but then they will just issue notice so feel I'm shooting myself in the foot.

Thank you for your reply.

marksoton

tea_n_toast wrote: »

I *think* I'm within my rights to refuse viewings but then they will just issue notice so feel I'm shooting myself in the foot.

They're selling, that means your efforts are better spent on finding somewhere else to live anyway.

Marvel1

I believe if not protected, then the S21 notice will be null and void.

https://www.google.co.uk/?gfe_rd=cr&ei=dw0dV9avNuTS8Afz7KjIBw&gws_rd=ssl#q=when+did+tenancy+deposit+scheme+start

Your landlord must put your deposit in a government-backed tenancy deposit scheme ( TDP ) if you rent your home on an assured shorthold tenancy that started after 6 April 2007. In England and Wales your deposit can be registered with: Deposit Protection Service (Custodial and Insured)

If they issue notice and just come anyway, you don't have to clean and make ensure the house is tidy, that is only when you move out.

Ensure you take loads of photos and even a video and get a timestamp included, showing the condition on your last day once all you stuff is out on the last day. Don't forget those corners. As the landlord will try and claim damage.

You want to avoid claiming anything and letting him know before you move out and do this after you move out.

tea_n_toast

Thanks cjdavies.

I'll definitely be taking pics etc when we leave. It's already online so there are already a lot of pictures but I will want to have proof it still looks like that when we leave.

Can I still claim the compensation etc when we've moved out even if they have returned deposit? I don't really have any concerns about them returning it but I feel like since we are being treated with no respect as tenants now I should get what I can from them especially with the cost of moving. Call me petty!

Thank you.

Marvel1

tea_n_toast wrote: »

Thanks cjdavies.

I'll definitely be taking pics etc when we leave. It's already online so there are already a lot of pictures but I will want to have proof it still looks like that when we leave.

Can I still claim the compensation etc when we've moved out even if they have returned deposit? I don't really have any concerns about them returning it but I feel like since we are being treated with no respect as tenants now I should get what I can from them especially with the cost of moving. Call me petty!

Thank you.

I am not sure, but someone with more knowledge can answer that side of it. You are not being petty, a landlord should know the rules when starting this business, and it's not as simple as saying I will rent my house out and receive money each month.

FBaby

Deposits have needed to be protected since April 2007, so long before you became a tenant. Use this as bargaining power..

ThePants999

The OP didn't mention an S21. Has one actually been served?

AdrianC

ThePants999 wrote: »

The OP didn't mention an S21. Has one actually been served?

Irrelevant, if the deposit's not been protected, because it wouldn't be valid anyway.

OP - if you change the locks, the landlord and/or agent won't be able to enter the property without your permission. Unless they try to, they won't even know. Change them back when you leave.

But, as has been suggested, you have two basic choices here...
* You can fight against your landlord and try to gain extra time in the property, renting from a landlord who you know wants you out, and will do as little as possible.
* You can accept that your time there is nearing an end, and put your time, effort and blood pressure into more productive use by trying to find somewhere else to live.

I know what I'd be doing.