Deposit in DPS automatically expired

ashleyj722

I moved from a fixed term contract onto the rolling and a month later, I was informed by email that my deposit is no longer protected.  Does the landlord have an obligation to protect my deposit?  The agent changed in January 2023.

fourmarks

I'm no expert but I don't believe moving from a fixed contract to a monthly roll over would absolve the landlords obligations in any way. I'm sure you're entitled to exactly the same protection around your deposit and the landlords could be liable to a 'fine (x3) if they failed to do so.  I'm interested in the sage advice you will receive from others as I will be in the same position in 3 months time.

_Penny_Dreadful

ashleyj722 said:

I moved from a fixed term contract onto the rolling and a month later, I was informed by email that my deposit is no longer protected.  Does the landlord have an obligation to protect my deposit?  The agent changed in January 2023.

Your deposit should remain protected for the entirety of your tenancy. I suspect your landlord has used an insurance scheme rather than custodial meaning that the deposit needs to be re-registered when you move from fixed term to periodic. 

propertyrental

As P_D says. 

Change of agent does not alter LL's obligations.
Change from fixed term to periodic (rolling) does not alter LL's obligations.

On the plus side, LL cannot now evict using a S21 Notice, and T can claim penalty, either now (but why unless desperate for cash!) or when moving out (good negotiating point over any proposed deposit deductions) or indeed any time within 7 (I think?) years.

dimbo61

Well either the Landlord or new Lettings Agents have dropped a huge ball on this one.
The funny thing is if you start a new fixed term tenancy with MyDeposits Insured scheme  you have to pay the fee all over again but if it goes periodic then you simply need to click on that box and the deposit is still protected with No charge 
No need to resend the Deposit information or PI because the Tenancy has automatically gone periodic

macman

If this was from the agent, it's staggeringly incompetent. 

propertyrental

dimbo61 said:

Well either the Landlord or new Lettings Agents have dropped a huge ball on this one.
The funny thing is if you start a new fixed term tenancy with MyDeposits Insured scheme  you have to pay the fee all over again but if it goes periodic then you simply need to click on that box and the deposit is still protected with No charge 
No need to resend the Deposit information or PI because the Tenancy has automatically gone periodic

Just to be clear " if you start a new fixed term tenancy with...." the 'you' refers to the landlord, not the tenant!

ileven1225

you mentioned the EA changed in Jan 2023, has the agent pass the deposit details/registration info to the new agent, you landlord shall ensure this happen. Not sure how your deposit was protected, it can be with the agent who paid a fee to protection scheme or it can be with the protection scheme.