Landlord didn't protect the deposit. Given notice, where do we stand.

norainbows

This is for a friend who has been given 2 months notice by her private landlord.

The landlord said she would give her the full deposit back around £1500. Now she said it will be £900.

The deposit was paid by a relative/granddad from his bank account to the landlord with the 'tenants name a deposit' as the reference.

The LL it transpires did not put the deposit into a tenants deposit protection scheme.

What rights does she have? What action does she need to take considering the LL is now only offering 3/4 of the deposit back?

I'm writing this on my phone. I hope it makes sense.

Any advice appreciated.

G_M

Assuming England/Wales and based on the scant details given:

The notice by the landlord (I assume a S21 Notice?) is invalid. When the 2 months expires the LL has in anyway to go to court toseek possession. At that point the tenant can contest the S21 Notice and the court will dismiss the case/

the tenancy will continue.

What the LL does after that is up to him!


Now read:


* Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?

pinkshoes

If she has checked with all the deposit protection schemes, she needs to write to the LL stating that as the deposit has not been protected, she requires it returning in full wthin 14 days otherwise she will be suing for 3x the value.

As the deposit is not protected, the eviction notice will not be valid. If she has no where else to go, she could keel quiet and buy herself time.

The ball is in her court.

tom9980

The notice to evict is invalid.

The landlord will need to return the entire deposit or protect the deposit before valid notice can be given.

The tenant can sue the landlord for up to 3x the value of the deposit.

G_M

pinkshoes wrote: »

If she has checked with all the deposit protection schemes, she needs to write to the LL stating that as the deposit has not been protected, she requires it returning in full wthin 14 days otherwise she will be suing for 3x the value.
why? She can do this at any time in the next 6 years.

Why help the landlord to evict her by pointing out his mistake and helping him to correct his error!!!!!


As the deposit is not protected, the eviction notice will not be valid. If she has no where else to go, she could keel quiet and buy herself time.
Much better advice

The ball is in her court.

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Marvel1

pinkshoes wrote: »

If she has checked with all the deposit protection schemes, she needs to write to the LL stating that as the deposit has not been protected, she requires it returning in full wthin 14 days [STRIKE]otherwise[/STRIKE] she will be suing for 3x the value.
.

I would sue anyway, the landlord should know and follow the law of being a landlord. However do NOT do this now as the notice is invalid.

Please note the award will be between 1x to 3x.

norainbows

G_M wrote: »

Assuming England/Wales and based on the scant details given:

The notice by the landlord (I assume a S21 Notice?) is invalid. When the 2 months expires the LL has in anyway to go to court toseek possession. At that point the tenant can contest the S21 Notice and the court will dismiss the case/

the tenancy will continue.

What the LL does after that is up to him!


Now read:


* Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?

The LL gave 2 months notice on amicable terms and promised the deposit back. The tenant has found a new property but can not afford to move without it. She was told she'd be given it in advance of leaving so she could move. She has refunded just £900. It has also come to light the LL was not registered as a LL and the money has not been logged as an income. She tells people it's family.

norainbows

G_M wrote: »

............................................................

But they have a new property to move into and have never missed a rent payment. They should be signing next week but can't afford to without the full amount promised.

Pixie5740

Not registered as a landlord? Which part of the UK is this property?

It's unusual for a tenant to receive the deposit back before the tenancy has ended. Your friend may have options but it will involve playing hardball with the landlord.

G_M

Landlord not registered? Where is the property?

If the relationship is 'amicable', why not explain, amicably, that she cannot move (& afford new deposit) unless the current LL returns the full deposit in advance.

If LL refuses (ie 'amicability' disappears) then tenant advises LL that

1) she won't (can't) move till a court order is obtained by LL
2) S21 is invalid so LL can't get court order AND
3) she'll be claiming the penalty for non-protectuon of the deposit.

Chances are the LL will then 'amicably' return the full deposit to help the tenant move and hope the tenant leaves and does not sue for the penalty (which she can do any time in the next 6 years)

macman

Is the LL retaining £600 because she believes that the tenant has caused damage amounting to that sum, or because she does not want to return the full amount until the tenant has vacated (which would be normal practice)? Obviously the failure to protect the deposit clouds the situation.
Has the LL also failed to provide a gas safety certificate perhaps? If so, this is a serious criminal offence and gives the tenant some extra useful leverage to work with.