Deposit Question

tranmereforever

Hiya,

I got some good advice for my brother previously on here so back for some more please

Issue with his LL now resolved in terms of outstanding rental payments however there is an issue with the deposit

In the written response from the LL to my brother he has stated he has spoken to the National Landlords Association in London and they have informed him of the following:

- Although his deposit was not protected for the first year of the tenancy he protected when it was extended so the initial non protection is invalid legally

- Although no inventory has been carried out prior to moving in the LL is still entitled to take money out for cleaning for which he is estimating in advance will be £375 ( half the deposit )

- It is not the LL obligation to supply a certificate it is the deposit schemes responsibility

Now my understanding was that it was protection from 30 days of deposit being received but wanted to check I was wrong on that, also as he has not been to see the property since my brother was in it how can a 1/2 deposit be estimated in advance

saajan_12

tranmereforever wrote: »

- Although his deposit was not protected for the first year of the tenancy he protected when it was extended so the initial non protection is invalid legally - what do they mean by 'invalid legally'? Since the deposit was eventually protected, it is unlikely your brother would get the 3x deposit penalty and the lack of protection may not be a factor in Section 21 notices being valid. However it WAS initially unprotected for more than 30 days so there would be some penalty due (whether brother actually sues for this or just uses the potential as a bargaining chiip).

- Although no inventory has been carried out prior to moving in the LL is still entitled to take money out for cleaning for which he is estimating in advance will be £375 ( half the deposit ) - Technically, yes a starting inventory isn't necessary but they do need some evidence of CHANGE in cleanliness. So not just that it was dirty when brother left, but that it was MORE DIRTY compared to when he moved in. I struggle to see how they would prove that.. maybe a description in words at the time acknowledged by brother at the time?

- It is not the LL obligation to supply a certificate it is the deposit schemes responsibility - It is the LL's responsibility to provide the PI. The lack of this contributes to the case for the deposit penalty.

Now my understanding was that it was protection from 30 days of deposit being received but wanted to check I was wrong on that, also as he has not been to see the property since my brother was in it how can a 1/2 deposit be estimated in advance

I would write a letter to the LL briefly stating that the timely protection and PI are the LL's responsibility and ask for proof of the change in cleanliness. Suggest how much of the deposit you expect back (can be 100%) for a quick resolution of the issue within 10 days. If you don't get a reasonable response, file a claim with the deposit scheme.

G_M

tranmereforever wrote: »

....

In the written response from the LL to my brother he has stated he has spoken to the National Landlords Association in London and they have informed him of the following:

- Although his deposit was not protected for the first year of the tenancy he protected when it was extended so the initial non protection is invalid legally
if by 'invalid legaly' they mean the tenant cannot legally claim the penalty, this is probably wrong. A claim can be made up to 7 years from the end of a tenancy. However, if the initial tenancy predated the latest change in the law this may not apply. What were the start/end dates of that tenancy?

- Although no inventory has been carried out prior to moving in the LL is still entitled to take money out for cleaning for which he is estimating in advance will be £375 ( half the deposit )
Correct. And the tenant is still entitled to dispute this if he feels he left the property as clean, or cleaner, than when the tenancy started.

It will be for the landlord to convince the adjudicator/judge that the deduction is justified.

- It is not the LL obligation to supply a certificate it is the deposit schemes responsibility
The Housing Act (as amended) does not make it clear whomust supply the 'Prescribed Information'. The LL must comply with the scheme's requirements. However if the tenant does not receive the PI, it is the LL who is legally liable under the Act.

Now my understanding was that it was protection from 30 days of deposit being received but wanted to check I was wrong on that, also as he has not been to see the property since my brother was in it how can a 1/2 deposit be estimated in advance

See


* Deposits: payment, protection and return

always_sunny

tranmereforever wrote: »

Hiya,

I got some good advice for my brother previously on here so back for some more please

Issue with his LL now resolved in terms of outstanding rental payments however there is an issue with the deposit

In the written response from the LL to my brother he has stated he has spoken to the National Landlords Association in London and they have informed him of the following:

- Although his deposit was not protected for the first year of the tenancy he protected when it was extended so the initial non protection is invalid legally

- Although no inventory has been carried out prior to moving in the LL is still entitled to take money out for cleaning for which he is estimating in advance will be £375 ( half the deposit )

- It is not the LL obligation to supply a certificate it is the deposit schemes responsibility

Now my understanding was that it was protection from 30 days of deposit being received but wanted to check I was wrong on that, also as he has not been to see the property since my brother was in it how can a 1/2 deposit be estimated in advance

Was the flat left clean and do you have evidence of that?

tranmereforever

Just on the tenancy dates my brother will be there from August 5th 2015- August 5th 2017

DumbMuscle

As a general principle when moving out, I would ask the landlord to recommend a cleaning service, and then hire them. If you do your own cleaning first, they won't be there long, and it will be cheap. If the landlord complains, then you point out that it was cleaned per their recommendation. This means that you know exactly how much the after-tenancy cleaning cost, and forestalls any dispute with the landlord if they come back with an overly high estimate

tranmereforever

if by 'invalid legaly' they mean the tenant cannot legally claim the penalty, this is probably wrong. A claim can be made up to 7 years from the end of a tenancy. However, if the initial tenancy predated the latest change in the law this may not apply. What were the start/end dates of that tenancy?

Hi on this bit above I am a bit confused, was the law changed from August 2015?