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Another rent deposit protection question...sorry!
emsywoo123
Posts: 5,440 Forumite
I will be as brief as I can, and I apologise if I seem thick:o , I have read alot of threads about this but have 1 or 2 questions
1. AST started April 06, re-signed May 07
2. Deposit of £760 paid in April 06
3. I have no notification of any "deposit scheme" from my LL? Is there anyway I can check if he has, without asking him, as I do not want to draw his attention to it!
4. Can I only potentially make a claim once I have left the property, or is it while I am still a residing tenant?
Many many thanks,
Em x
1. AST started April 06, re-signed May 07
2. Deposit of £760 paid in April 06
3. I have no notification of any "deposit scheme" from my LL? Is there anyway I can check if he has, without asking him, as I do not want to draw his attention to it!
4. Can I only potentially make a claim once I have left the property, or is it while I am still a residing tenant?
Many many thanks,
Em x
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Comments
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""Is there anyway I can check if he has, without asking him, as I do not want to draw his attention to it!"
contact all three schemes directly and ask them0 -
""Is there anyway I can check if he has, without asking him, as I do not want to draw his attention to it!"
contact all three schemes directly and ask them
Thank you, it won't be affected by data protection or anything? And they would not contact him? TBH, he is a really odd LL, and I do not want to do anything in the slightest to annoy him!0 -
no - just contact them, it is your legal right to do so - and no they will not tell him that you have contacted them0
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Thank you, I will do this straight away.......do you know the best time to take action if I am not protected?0
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Now, If you take him to court now you will be awarded 3 times the deposit. If you wait until he tries to evict you or you choose to leave you will have the issue of actually getting the money out of him. At present if he didn't pay up I think you could just reduce your rent until you had recovered all that he owed you.0
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""At present if he didn't pay up I think you could just reduce your rent until you had recovered all that he owed you."2
not without a court order0 -
Surely if I take hime to court now he will get the mega hump with me and evict me with that "do not have to give a reason" thing.?! I have spoken to all 3 companies and they all confirmed that they do not have my money........0
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If the AST deposit has not been protected under either one of the types of scheme, what protection does a tenant have?
Until the deposit has been safeguarded by a scheme, the landlord/agent is unable to regain possession of the property using the usual “notice only” ground for possession (section 21).
http://www.arla.co.uk/info/deposits_tenants.htm#22
If there are any test cases of tenants succesfully getting back the 3xpenalty, I'd love to read about them; at the moment it seems largely theoretical.2015 comp wins - £370.25
Recent wins: gym class, baby stuff
Thanks to everyone who posts freebies and comps! :j0 -
no, he can't use a section 21 notice if he hasn't protected your deposit.0
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Well I am thinking about leaving in the next 6 months........might hang on til I am sorted and then go for it.
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