Landlord didn't protect deposit and now there's a dispute brewing

RAS

If your deposit was protected, you'd have been sleeping.

When you got your LL's request for deductions, you'd have claimed back the full deposit, and she'd have submitted her evidence to the Scheme. You'd have the right of response, and then the Scheme would decide the deductions based on long experience.

Based on most of the queries here, LLs expectations are often way over the odds. Take the loose door; that should have been repaired before it was even rented to you.

So go for full return of the deposit and although she's still entitled to demand payment for repairs, I doubt a Scheme would allow much.

Baer1982

You must have had a contact number for things like boiler failing etc?

Did you find the property through an estate agent or a advert in the free-ads?

Yes, we had a mobile number that we could call her on, though it was only over whatsapp messages that we really interacted. 

We found it via a facebook group where someone (not the landlord IIRC) posted a message about the apartment being available. We contacted the landlord though the contact provided there, she showed us around the property herself. 

DE_612183

Baer1982 said:

You must have had a contact number for things like boiler failing etc?

Did you find the property through an estate agent or a advert in the free-ads?

Yes, we had a mobile number that we could call her on, though it was only over whatsapp messages that we really interacted. 

We found it via a facebook group where someone (not the landlord IIRC) posted a message about the apartment being available. We contacted the landlord though the contact provided there, she showed us around the property herself. 

So as we assumed she has not thought that being a landlord she has to do anything other than collect money. 

Baer1982

RAS said:

If your deposit was protected, you'd have been sleeping.

Agree @RAS - there's many a slip 'twixt being entitled to a full refund and actually seeing the money I guess. 

Take the loose door; that should have been repaired before it was even rented to you.

I feel so too, and this is what I'd have done in her place. But as this loose door isn't in the moving in inventory, she could claim that we were to blame for taking this all the way from perfect condition to hanging loose. Anyways, as you said before, I guess it doesn't matter what the inventory said for the landlord's liability to protect the deposit. 

One thing that just occurred to me: 

While I've checked all 3 deposit protection companies and couldn't find my deposit, is it possible she's legitimately protected it elsewhere and I just don't know? 

I also saw the LL is obligated to send some mandatory/prescribed information about where and how the deposit is protected, so I guess she's at fault at least for not informing me, though I'd imagine the penalties for this would be smaller. 

RAS

These are the only approved schemes

Tenancy deposit protection: Overview - GOV.UK (www.gov.uk)

Baer1982

RAS said:

These are the only approved schemes

Tenancy deposit protection: Overview - GOV.UK (www.gov.uk)

Thanks - checked all three and none of them have our deposit. I've taken the printouts of the checks for reference.

macman

Baer1982 said:

macman said:

If she is resident in Spain for more than 6m of the year, then yes, it is you as the tenant who is required to register under NRL and deduct the tax due.

Dang. She did tell me she's away in Spain 'a lot' as she's got a property there, but nothing in writing and nothing that she or anyone can point to and say that I should have known she's a non-resident landlord and so should have been withholding tax. 

She gave me a UK bank account number and a UK address to serve notices so that's all I officially know. Am I still liable?

macman said:

If she's both failed to advise you of this, and to protect the deposit, then she's possibly in breach of numerous other statutory regs. Gas Safety Certificate, Electrical Safety Certificate? Compulsory LL licensing area?

Come to think of it, I don't remember receiving any of these. Have just looked through my email again, and nothing over email either. 

Don't know if this matters, but it's not a very old property. New build apartment about 3-4 years old, and only one tenant AFAIK before we moved in. Do all these apply to such a new property? 

Also, if it's a compulsory LL licensing area (don't know if our area is one), is the LL required to inform us that they're licensed, or is it just something that they're required to do to be compliant?

macman said:

If she is neither UK resident or using a letting agent, then how was normal maintenance arranged?

We didn't have any maintenance required in the time we were there. There were some issues with communal spaces in the apartment which the building maintenance company used to attend - presumably part of the annual property maintenance charge. 

It's not clear if she is non-resident or not, but given the way she has set up the accommodation address etc, it's very possible. As you could be potentially liable, I'd park this for now, as you have plenty of other ammunition.
GSC, ESC: the age of the building is completely immaterial. Both are required to be supplied at the time the tenancy commences, for your own safety. Non-supply of a GSC to you is a criminal offence, with an unlimited fine and a potential 6m custodial sentence. Without them, your tenancy was unregularised.
Licensing: it's up to the LL to register as a landlord if in an area of compulsory licensing. Are you? Check with your LA. If it is, that's another bit of leverage in your favour, as the fines are heavy.
Don't bother wasting time negotiating the alleged damages. just say that unless she returns your deposit in full in 14 days you will sue for non-protection. If she has any sense at all she will comply. If you want to up the ante, you can mention to her that you may also have to report her for non-supply of the GSC and ESC and list the consequences.
Your LL is an incompetent amateur who has made no attempt to be a professional LL: you don't owe her any favours.

macman

Baer1982 said:

RAS said:

If your deposit was protected, you'd have been sleeping.

Agree @RAS - there's many a slip 'twixt being entitled to a full refund and actually seeing the money I guess. 

Take the loose door; that should have been repaired before it was even rented to you.

I feel so too, and this is what I'd have done in her place. But as this loose door isn't in the moving in inventory, she could claim that we were to blame for taking this all the way from perfect condition to hanging loose. Anyways, as you said before, I guess it doesn't matter what the inventory said for the landlord's liability to protect the deposit. 

One thing that just occurred to me: 

While I've checked all 3 deposit protection companies and couldn't find my deposit, is it possible she's legitimately protected it elsewhere and I just don't know? 

I also saw the LL is obligated to send some mandatory/prescribed information about where and how the deposit is protected, so I guess she's at fault at least for not informing me, though I'd imagine the penalties for this would be smaller. 

No she couldn't, because she has to prove that it's condition has deteriorated beyond reasonable wear and tear during the tenancy, which she can't. In the absence of a proper check in inventory, you cannot be held liable in any way. In fact. you could have trashed the place and not be proven liable.
The lack of prescribed info means that your tenancy was not regularised, so she could never have evicted you. More incompetency.
What sort of LL lives in Spain and does not have any maintenance or emergency repair contract in place?

DE_612183

macman said:

Your LL is an incompetent amateur who has made no attempt to be a professional LL: you don't owe her any favours.

This is the main point - not only is what she is doing amateurish, it's also probably illegal and dangerous. 

Baer1982

What sort of LL lives in Spain and does not have any maintenance or emergency repair contract in place?

@DE_612183 said above The amateurish sort, apparently,


 
Can the LL put the deposit under protection now? I guess it would be clear from the paperwork around the deposit protection that this is being set right way beyond the deadline and would offer the LL no mitigation?