Rental deposit query

Devonmaid13

He’s issued a new contract each year. But I’m not looking to sue him, I just got a bit nervous thinking about moving and whether I had a deposit to move with… if it’s him taking a deposit without declaring it as one so it didn’t have to be protected or if it could be for something else and I’d just given him £900 I’ll never see again. I think I’ll go to CAB and Shelter and see if I can find out more, but will have to just get saving just in case. Again, thanks for the advice. 

canaldumidi

1) it's a deposit and LL admits this and/or you can prove this. It's unprotected so you can claim the penalty of 3 times the amount

2) It's a deposit but LLdenies this and claims it was either rent(in which case allow for it in future rent payments) or an admin fee of some kind. If you can convince a court it was a deposit you can claim the penalty of 3 times the amount

3) 7 years ago - predates the tenant Fees Act 2019. If tenancy started today it would be illegal unless it was a deposit.

4) LL denies you ever paid it. Can you prove?

Slithery said:

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.

This has been debated here before. Not sure we came to a firm conclusion. Not sure there's been a (High Court) test case.