Pet deposit query

elliechoc

Hi, when I started my tenancy, in 2015 I had to pay a £100 per pet deposit. I can't remember if this was classed as non-refundable or not. I wondered if under the change in laws I would have any chance of getting this returned to me?

danlewi2

why would the laws change this? what does your agreement say?

Comms69

elliechoc wrote: »

Hi, when I started my tenancy, in 2015 I had to pay a £100 per pet deposit. I can't remember if this was classed as non-refundable or not. I wondered if under the change in laws I would have any chance of getting this returned to me?

Well it's not a deposit if it's not refundable, that's just a fee.


The rules don't apply to you as yet.

need_an_answer

You would need to read your tenancy agreement to see how the fee/deposit were classed.

In total how much is your deposit and does that equate to more than 5 weeks rent?

I assume a deposit was lodged with one of the deposit schemes?
That deposit should not be more than 5 weeks rent under the new tenancy rules for LL's/tenants.
I believe if a deposit in excess of 5 weeks rent is held then the LL has until may 2020 to return the excess to you.

However there is a difference between a fee for a pet and a pet deposit...only the deposit held in the scheme will be classed as your deposit

G_M

Just to clarify:

need_an_answer wrote: »

You would need to read your tenancy agreement to see how the fee/deposit were classed. I agree. That should make clear if it is a (refundable) deposit or a (non refundable) fee.

If it is a deposit, it should be protected along with any other deposit.

In total how much is your deposit and does that equate to more than 5 weeks rent? This is irrelevant.

I assume a deposit was lodged with one of the deposit schemes? If a deposit, I assume the same.
That deposit, if taken after June 2019, should not be more than 5 weeks rent under the new tenancy rules for LL's/tenants
I believe if a deposit in excess of 5 weeks rent is held then the LL has until may 2020 to return the excess to you.

No. Either

* the excess (as a prohibited payment) must be returned in 28 days (from 1st June),or
* it need not be returned.

There is some doubt about this. Doubtless in time the courts will decide!

The Gov guidance to landlords says:

If a tenancy agreement was entered before 1 June 2019, you can continue to require a tenant to pay fees written into that agreement (e.g. check-out or renewal fees) until 31 May 2020.

and

Q. If a tenant paid a tenancy deposit which exceeds the cap before 1 June 2019, do I need to re-pay the amount of the deposit above the cap?

No. Landlords and letting agents are not obliged to immediately refund part of a tenancy deposit that is above the cap but was paid before 1 June 2019. If a tenantsigned a tenancy agreement before 1 June 2019 (and that tenancy is continuing or is a statutory periodic agreement) then the tenant will be bound by the terms of that contract until it is either renewed or terminated.

However the landlords guild advises caution - the courts might disagree with the government:

for an existing tenancy (entered into before 1 June 2019), any term that requires a prohibited payment after 1 June 2020 ceases to be binding and any prohibited payment received must be repaid within 28 days.

Certainly:

if a renewal is done on or after 1 June 2019, any excess of the deposit must first be repaid because where there is a renewal the deposit is deemed to have been received again (Superstrike Ltd v Rodrigues [2013] EWCA Civ 669).

elliechoc

I will have to check my paperwork then to see what it was classed as. The reason I am asking is that the agency were holding more than 5 week's rent deposit and have refunded me the excess so I was hoping I might be able to get a bit more back as part of this new ruling.

G_M

elliechoc wrote: »

I will have to check my paperwork then to see what it was classed as. The reason I am asking is that the agency were holding more than 5 week's rent deposit and have refunded me the excess so I was hoping I might be able to get a bit more back as part of this new ruling.

If they've refunded the excess above the permitted 5 weeks, they are taking the cautious approach. Sensible of them, and good for you.

But why would you think you can get even more back?? :huh:

elliechoc

G_M wrote: »

If they've refunded the excess above the permitted 5 weeks, they are taking the cautious approach. Sensible of them, and good for you.

But why would you think you can get even more back?? :huh:

Because of the changes that came in and therefore extra deposits being taken and now being refunded. I paid my normal deposit which was over the 5 week's and I also paid a pet deposit/fee, if this is now part of the new rules I just wondered if they might also have to refund that deposit (of course I do need to check my original contract wording though). I think the fact agencies have charged over the odds for so long that it's not unexpected of me to try and recoup money where it could be owed.

Comms69

elliechoc wrote: »

Because of the changes that came in and therefore extra deposits being taken and now being refunded. I paid my normal deposit which was over the 5 week's and I also paid a pet deposit/fee, if this is now part of the new rules I just wondered if they might also have to refund that deposit (of course I do need to check my original contract wording though). I think the fact agencies have charged over the odds for so long that it's not unexpected of me to try and recoup money where it could be owed.

It's not owed. The deposit rules do not apply to you.


And if you chose to pay over the odds, I don't see how you can blame the agencies.

elliechoc

Comms69 wrote: »

It's not owed. The deposit rules do not apply to you.


And if you chose to pay over the odds, I don't see how you can blame the agencies.

I have renewed recently therefore the deposits paid are classed as being received again according to the previous posts. I am not 100% clear on the rules hence the question.

In regards to 'choosing' to pay over the odds, there were no letting agents in the area that didn't charge hundreds to apply. It really wasn't an option and my previous rental was being sold so I didn't have much choice.

G_M

elliechoc wrote: »

I have renewed recently therefore the deposits paid are classed as being received again according to the previous posts. I am not 100% clear on the rules hence the question.

Well that's the first time you've mentioned that. It's so irritating when relevant information is drip fed through a thread......

Yes, if
1) you renewed the tenancy post 1st June 2019, and
2) the 'pet deposit' was in fact a deposit, not a non-refundable fee

then that amount (you say £100 per pet so I assume more than 1 pet and two or more hundred pounds?) should be treated as part of the deposit as a whole. If the total amount including the pet deposit exceeded the permitted 5 weeks rent, the excess should be returned.

Plus of course both the 'basic' deposit and the 'pet deposit' should have been protected.