Tenancy Deposit

G_M

See

* Deposits: payment, protection and return

pinklady21

In Scotland, it become compulsory from 2nd October 2012 for new tenancies and for all existing tenancies where the tenancy has been renewed according to this link:
https://www.mydepositsscotland.co.uk/landlords

junglejim2

but regardless, a change was made (I forget when, maybe 2014?) to state that ALL deposits now needed to be protected, even if the tenancy started before April 2007.

Really? is this correct? Gov.uk website doesn't mention this.

G_M

It's not 100% accurate, though changes were made to the original Housing Act.

See

* Deposits: payment, protection and return

There are stil some deposits which don't need to be protected, though even those would need protecting (or returned) before a 21 could be served.

pinklady21

The O/P says they have been there 7 years. Is it possible that in that time their tenancy never came under the scope of the scheme because it was not renewed, it simply rolled over?

evsieplum

junglejim2 wrote: »

Really? is this correct? Gov.uk website doesn't mention this.

Yes it is correct, it was called the Deregulation Act and it was actually 2015. I have worked in lettings for 13 years and remember having to go and protect all of our old deposits! However, if the OP has been there only 7 years, then the Deregulation Act is irrelevant, the legislation has been in UKwide since April 2007, almost 11 years ago?
It is assumed that the OP has an AST (Assured Shorthold Tenancy)

evsieplum

To answer the original question about how to raise this, it all depends on what your circumstances are. The fact that you are speaking to Shelter leads me to believe that preventing homelessness may be the main factor? So if they have not protected your deposit, a Section 21 / 8 notice will not be valid. They need to protect your deposit and re-serve the notice which will buy you time. If you are happy to leave the property, it's really up to you if you want to sue them or not for not protecting your deposit? Do you expect issues with your deposit return? You can use this as leverage to get your deposit back if so as someone else has suggested.

junglejim2

Thanks for the info regarding Deregulation act.
However to be accurate it doesn't state all pre April 2007 deposits need to be protected.

evsieplum

junglejim2 wrote: »

Thanks for the info regarding Deregulation act.
However to be accurate it doesn't state all pre April 2007 deposits need to be protected.

Correct, all Assured Shorthold Tenancy deposits - as mentioned above, it is assumed that the OP is on an AST as she has not mentioned a company or living with her Landlord etc.
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