Renting a room - deposit protection scheme

Eirene88

Hi,
I am renting a room in a shared house (landlord lives elsewhere). He is saying he doesn't have to protect my deposit because I only have a tenancy for the room/part of the house and not for the full house. Is that correct?

cooltt

Eirene88 said:

Hi,
I am renting a room in a shared house (landlord lives elsewhere). He is saying he doesn't have to protect my deposit because I only have a tenancy for the room/part of the house and not for the full house. Is that correct?

In your room is there a shower, cooking facilities, toilet ? No i didn't think so. If you have a TA written or verbal deposit must be protected otherwise you would simply be a lodger by default. lots of info on Shelter England website. 

Eirene88

Thank you. Yes, I use the facilities in the rest of the house. I have a written tenancy agreement. I had thought this was the case (also from checking Shelter) but it's good to have confirmation that I've understood it correctly. 

Eirene88

He's now said he doesn't want the hassle and if I'm not ok with that I can submit my notice to leave the house.

Eirene88

This has all left me feeling not great about being here, particularly how he's worded it in a patronising way to make me sound pedantic and stupid. I now want to leave. My tenancy is until mid-September but given that he hasn't followed his legal duty with the deposit, am I within my rights to give notice to leave early?

[Deleted User]

Eirene88 said:

This has all left me feeling not great about being here, particularly how he's worded it in a patronising way to make me sound pedantic and stupid. I now want to leave. My tenancy is until mid-September but given that he hasn't followed his legal duty with the deposit, am I within my rights to give notice to leave early?

His failure to protect your deposit does not give you the legal right to end the tenancy early. It does however give you the right to sue him for up to 3 times the value of your deposit. Read the deposits section in the Tenancies in Eng/Wales sticky at the top of the board for more information on this. 

You can negotiate an early surrender of the tenancy to end part way through a fixed term with the landlord. Get his agreement and details of any penalties for doing so in writing first. Again, lots of information about how and when a tenancy can be ended in the sticky at the top of the board. 

macman

No, you are not, your tenancy agreement applies unless the LL agrees to void it without penalty. But perhaps mentioning that you can and will sue him (and you will win) for up to 3 times the value of the deposit for not protecting it within 30 days will soften his attitude. He can't 'invite' you to leave, he must give proper notice under an S21, which he can't do while you are still within a fixed term tenancy. So you are totally secure until at least September, and probably for months beyond that too, as he can't evict you.
What he considers 'hassle's are his legal responsibilities as LL.  With that attitude, I doubt that he has registered the property as an HMO, installed proper smoke alarms, supplied a gas safety certificate...the list is endless. It's up to you what leverage you decide to use. But it sounds like you will otherwise struggle to get your deposit back easily.

Eirene88

Thanks everyone. That's really helpful. 
I'll talk to him tomorrow and see what he says. He keeps saying I should just retain my last month's rent as a way of keeping my deposit. In some ways that's alright but I know it's not how things are meant to be done, and it doesn't seem like a huge ask to get him to do what the law says he should do!

macman

Another lazy amateur LL...I expect he 'forgot' to declare the rental income either...
It really depends on what you want to achieve from this, but at present you hold all the cards, if you want to play them, as he clearly has no clue as to his obligations. 

Eirene88

The latest on this - I sent him a very polite "thanks for letting me know" type message, and he has texted me to say something along the lines of "I won't be dictated to, get out of the property by September (which is the end of my fixed term)". He's said I should keep my last month's rent as deposit. Do I risk anything by doing that - ie. because I wouldn't technically have paid my rent? 
He's sending me hideous messages (the kind an angry and manipulative  partner might send, not a landlord!) even though I've been nothing but polite (even got my mum and dad to check my message for tone before sending). I think I just need to ignore him til September and then leave, and hope nothing bad happens in between times. What do you think?

greatcrested

Stop making an issue out of this. All you are achieving is creating a deteriorating relationship with the landlord.

His failure to protect the deposit is to your advantage. So just accept it and keep quiet.

1) he can not serve a valid S21 Notice to evict you. If he wants you to leave in September(or indeed any time after that if you stay) he will have to first return your deposit and then serve a S21 Notice

2) you can go to court to claim a penalty from him of 3 times the deposit for non-protection. You could do that tomorrow (but why cause a fuss now?). Or when you leave (less problems). Or indeed at any time in the next 6 years!

I would not discuss this with him further at this time. If he tries to evict you in the future, you can raise the matter then. If you want to claim the penalty in the future, you have plenty of time.

Now - what else has he not done? Did you receive

* an EPC?

* a gas report (if there's gas) - HSE?

* the government leaflet How to rent?

All legally required.

And out of interest, did you get an inventory, was it accurate, and did you sign it?

Now read:

Post 3: Deposits: Payment, Protection and Return.

Note - all the above assumes you are in England/Wales.