Deposit Cap

Fantasticaly

hello

I have been renting this house for the past 11 years, and a new landlord took over 3 years ago. The rent is £695 per month, and I paid £1390 deposit, which is with DPS. I have an assured shorthold tenancy which is on a rolling basis. I have contacted DPS to ask this question but they have told me to ask my landlord, but he is worse than useless and I am having all sorts of problems with him (leaky roof, wet walls, 10 foot mould spread on the carpet to name just a few). So, does anyone know if I am entitled to a refund of the difference between 5 week's rent and the remainder? I am looking for a new place, and I know the landlord will try and keep as much of my deposit as possible, so I want to try and limit that if I can. Many thanks for any help.

MaryNB

As long as there was no renewal since the 1st of June 2019 they do not automatically have to refund the excess tenancy deposit.

The landlord cannot keep as much of you deposit as they like. If they try to take more than you think is due, claim your deposit directly from the DPS. Let them arbitrate. Make sure you take plenty of photos at the end of your tenancy and I hope you took photos when you moved in!

canaldumidi

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/922900/Tenant_Fees_Act_-_Tenant_Guidance.pdf

Q. If I paid a tenancy deposit which exceeds the cap before 1 June 2019, can I ask my landlord or agent 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 you signed a tenancy agreement before 1 June 2019 (and your tenancy is continuing or is a statutory periodic agreement) then you will be bound by the terms of that contract until it is either renewed or terminated.

Fantasticaly

So then, when I leave will they have to refund me the excess so that only the 5 weeks' is there to negotiate with? This guy is a real chancer, for example my carpet is thick with a sticky black tar-like substance (our feet literally stick to it) and he's telling me it's just wear and tear, and is going to lay a new carpet in the hall, over the mould, and yet it was his own builder who told me that the black mould is coming from mouldy asbestos flooring. I've reported him to environmental health as he's refused to fix this and other problems, but if he lays a new carpet on top of the mould he will have covered it before EH come out to test it. 

canaldumidi

Fantasticaly said:

So then, when I leave will they have to refund me the excess so that only the 5 weeks' is there to negotiate with?

You will receive the full amount of the deposit you paid, less any deductions. If you disagree with any proposed deductions, you can raise a dispute with the relevant deposit scheme.

This guy is a real chancer, for example my carpet is thick with a sticky black tar-like substance (our feet literally stick to it)

Was it there when you moved in? Is it recorded in the check-in inventory? Or is it a result of something you have done?

and he's telling me it's just wear and tear,

If it's wear and tear as he claims, then you are not liable.

and is going to lay a new carpet in the hall, over the mould,

If you mean now, great. You get a new carpet.

If you mean after you leave, that is irrelevant to you.

and yet it was his own builder who told me that the black mould is coming from mouldy asbestos flooring. I've reported him to environmental health as he's refused to fix this and other problems,

but if he lays a new carpet on top of the mould he will have covered it before EH come out to test it. 

EH are not daft. If you have explained the problem they'll look beneath the carpet if they feel it is necessary.

Murphybear

One interesting thing about environmental health is that they should visit the property and have a look at the problem you have reported.  They will also check to see if there are other issues.  They will then send the landlord a report and tell him to sort any issues out, not just the one you have reported.  

This is not a request, it is an order.  If he refuses they will arrange for the work to be done and send him the bill.

EH have a great deal of power.  

anselld

Fantasticaly said:

So then, when I leave will they have to refund me the excess so that only the 5 weeks' is there to negotiate with? This guy is a real chancer, for example my carpet is thick with a sticky black tar-like substance (our feet literally stick to it) and he's telling me it's just wear and tear, and is going to lay a new carpet in the hall, over the mould, and yet it was his own builder who told me that the black mould is coming from mouldy asbestos flooring. I've reported him to environmental health as he's refused to fix this and other problems, but if he lays a new carpet on top of the mould he will have covered it before EH come out to test it. 

No, the deposit will be the same when you leave as you are not renewing.
The size of the deposit is not really relevant anyway since damages can be claimed in excess of the deposit if necessary.   Neither is it a matter of negotiation, it comes down to the facts supported by evidence.  Take pictures when you leave to prove you have left everything in line with checkin except for wear and tear.  If the Landlord is claiming things are wear and tear that is fine for you because wear and tear cannot be claimed from deposit. 

Robbo66

There is no requirement to refund the excess deposit if the tenancy is periodic, ask you landlord for a new fixed term and then he will have to refund any deposit over the 5 week limit

saajan_12

Fantasticaly said:

So then, when I leave will they have to refund me the excess so that only the 5 weeks' is there to negotiate with?  

No, if the damages exceed the £1390, then there's even more than that to 'negotiate with', the only difference is which venue. Damages upto the £1390 deposit amount will be arbitrated by the deposit scheme, and the LL would have to sue you for anything beyond that. The idea of a deposit is so the LL has something in case you do a runner - its not a free pass to damage beyond the deposit amount. 

canaldumidi

Robbo66 said:

There is no requirement to refund the excess deposit if the tenancy is periodic, ask you landlord for a new fixed term and then he will have to refund any deposit over the 5 week limit

Assuming of course he agrees to grant a new fixed term. He may not.

Fantasticaly

Thanks for all the replies. The mould on the carpet has slowly grown, due to a water leak underneath the property, and has gone from a small patch to the entire length of the hall. The water board have issued notice after notice to him and are now coming on Monday to carry out an enforced repair with threat of a magistrate's warrant. These, of course, come in my name as the account holder. I have forwarded every single letter to the agent but the LL still won't do anything. Incidentally, one of the two landlords is the director of the letting agency. This is what he is saying is just wear and tear...even though his own builder told me it was mould. The LL claimed that if it was mould it would be all up the walls as well. the carpets throughout the house are ancient - no backing left at all so just fabric on stone flooring really.