Quick deposit protection question

Beaker99

We having been renting since May 2007, and am just about to hand in notice.

The deposit is registered with a deposit scheme. All the faq's etc say they only protect the deposit up to 3 months after the end of the tenancy which was 12 months. (May 2008). We moved onto a rolling contract since then (9 years ago).

If there is a dispute, will the deposit protection scheme still help? Or did this end after the Ast +3mnths?

Techno_Mystic

My understanding is they can only retain the deposit (or some of it) with your written permission. My letting agent sent me a document that says this explicitly.

So they have to tell you what they propose deducting. If you disagree with it, then it can be referred to arbitration.

Beaker99

Thanks Mystic. The question was whether the deposit scheme protection is still in effect after moving to a rolling contract, or whether it ran out at the end..

Pixie5740

Beaker99 wrote: »

We having been renting since May 2007, and am just about to hand in notice.

The deposit is registered with a deposit scheme. All the faq's etc say they only protect the deposit up to 3 months after the end of the tenancy which was 12 months. (May 2008). We moved onto a rolling contract since then (9 years ago).

If there is a dispute, will the deposit protection scheme still help? Or did this end after the Ast +3mnths?

You misunderstand. Your tenancy has not ended yet. The fixed term may have ended in May 2008 but ever since then you have had either a Contractual Periodic Tenancy or a Statutory Periodic Tenancy.

See G_M's guide to Ending/Renewing an AST and Deposits for further information.

pmlindyloo

Your deposit still needs to have been protected even though you went on to a periodic tenancy.

See here:

https://www.depositprotection.com/legislation

Go onto the deposit protection scheme that your deposit was originally registered with and check that it is still protected.

G_M

Use the links above and check if the deposit is still protected.

If it is, you can use the arbitration process if there is a dispute.

If it is not, you can sue for 3 times the deposit as penalty for failure to keep the deposit protected.

Beaker99

Thanks everyone, yes it was registered and I managed to find the certificate on one of schemes today. Good to know it is still inforce.

Oddly, the landlord disputes how much the deposit was for, despite it being clearly shown on several forms!! I know have the certificate I can show him too.