Rental deposit query

Devonmaid13

When I moved into rented accommodation my landlord took a payment of £900… it hasn’t been referred to as a deposit, I just assumed it was one. There is no mention of it in my tenancy agreement. It has never been protected. Is it a deposit? Or what else could it be? I had to pay it when I moved in on signing the tenancy agreement, but it’s never been referred to as a deposit. I’m concerned that I might not get it back if I move, and don’t want to ask about it as I’m worried they might evict me. Can any one advise me on what to do? 

user1977

What else do you think it might have been, if not a deposit? Did you at least get a receipt or other evidence that you paid it?

MaryNB

Is your landlord a live in landlord? When did your tenancy start?

If they are not a live in landlord they had to protect your deposit. They cannot evict you under a no fault eviction notice (S21) if it has not been protected so unless you do anything that warrant an S8 notice (e.g. stop paying rent), they cannot evict you unless they return the £900. 

Have you got anything in an email or anything about what this £900 is for? The only other thing I can think it might be is rent in advance. 

If it is a deposit and has not been protected you can claim up to 3x the deposit in compensation
https://england.shelter.org.uk/housing_advice/tenancy_deposits/tenancy_deposit_protection_rules

Have you checked the three Deposit Protection Schemes?

theartfullodger

Understand he took £900 payment.  Was it perhaps rent?  If not go to Shelter website and see claiming up to 3x deposit for unprotected deposit.

Devonmaid13

I referred to it as a deposit during an in person chat before moving in but he said ‘we don’t call it a deposit’ and I have a few texts asking me to pay it upon signing the contract, but nothing else mentioned about it or what it’s for. I desperately needed to take the property so didn’t question it. I have the texts and the payment transfer from my account as evidence but that’s it. Thanks for the advice, I’ll contact shelter. 

MaryNB

Devonmaid13 said:

I referred to it as a deposit during an in person chat before moving in but he said ‘we don’t call it a deposit’ and I have a few texts asking me to pay it upon signing the contract, but nothing else mentioned about it or what it’s for. I desperately needed to take the property so didn’t question it. I have the texts and the payment transfer from my account as evidence but that’s it. Thanks for the advice, I’ll contact shelter. 

Have you tried asking again what that £900 was specifically for if they're saying "we don't call it a deposit"?

Devonmaid13

I haven’t to be honest. I’ve been here for nearly 7 years but thinking of moving and started to worry about asking for it, or if I’ll even get it back as there’s no mention of it in any of my tenancy agreements. Didn’t want to ask directly in case he gets a bit funny with me and decided not to renew and gives me notice. 

sourpuss2021

Some landlords try this ruse of saying it is the last month's rent, not a deposit, just because they don't want to protect it.  This isn't legal.  (Whereas it would be legal for the landlord to ask for two month's rent on signature of the contract, so long as the next rent payment was skipped and you didn't have to pay rent till the start of the third month.)

However, it doesn't necessarily mean that you won't get your money back at the end.  And if the property is particularly important to you, you might be best to overlook it for now.  It doesn't mean you have to sue the landlord. 

Some landlords are a bit bent in that they break this law, but just because they don't like the hassle of dealing with the government scheme, not because they're intending to rob you of this money.  I've known of a landlord who won't protect a deposit but also just pays it all back when the tenant moves out without even doing an inspection..

 

Devonmaid13

It definitely wasn’t rent in advance or last months rent. It actually bore no relation to the rent amount at all and I’ve always paid my rent. I think I’ll leave it until I need to think about moving. Thank you to everyone for the help and advice 

MaryNB

Devonmaid13 said:

I haven’t to be honest. I’ve been here for nearly 7 years but thinking of moving and started to worry about asking for it, or if I’ll even get it back as there’s no mention of it in any of my tenancy agreements. Didn’t want to ask directly in case he gets a bit funny with me and decided not to renew and gives me notice. 

In that case I don't think you can make a claim for 3x the deposit. Shelter says a claims has to be made within 6 years of the breach.  https://england.shelter.org.uk/housing_advice/tenancy_deposits/tenancy_deposit_protection_rules

You do not have to renew a tenancy agreement, it automatically becomes rolling. As I said before he cannot give you notice to leave under an S21 notice (no fault) because he hasn't protected your deposit. He can only do so if he returns the deposit. If he gives you an s21 notice without returning the deposit you can ignore the notice (if you're confident you can show the £900 is a deposit) and the court will deem the S21 to be invalid. If he doesn't return it he can only serve an s8 notice if any of the grounds apply (e.g. you stop paying rent or engage in anti social behaviour). 

If I were you I'd still ask a direct question about the £900. He can't just take £900 for no reason. 

Slithery

MaryNB said:

Devonmaid13 said:

I haven’t to be honest. I’ve been here for nearly 7 years but thinking of moving and started to worry about asking for it, or if I’ll even get it back as there’s no mention of it in any of my tenancy agreements. Didn’t want to ask directly in case he gets a bit funny with me and decided not to renew and gives me notice. 

In that case I don't think you can make a claim for 3x the deposit. Shelter says a claims has to be made within 6 years of the breach.  https://england.shelter.org.uk/housing_advice/tenancy_deposits/tenancy_deposit_protection_rules

The breach is still ongoing. I thought it was 6 years from when the tenancy ends.