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Landlord didn't protect the deposit. Given notice, where do we stand.

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  • macman
    macman Posts: 53,098 Forumite
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    Out of interest, what would now be the correct LL procedure for the serving of a valid S21, given the lack of deposit protection? Does it just require the full return of the deposit?
    No free lunch, and no free laptop ;)
  • Mr.Saver
    Mr.Saver Posts: 521 Forumite
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    Maybe the LL is reading this post right now :rotfl:
  • G_M
    G_M Posts: 51,977 Forumite
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    macman wrote: »
    Out of interest, what would now be the correct LL procedure for the serving of a valid S21, given the lack of deposit protection? Does it just require the full return of the deposit?
    Landlord must return the deposit to the tenant, either in full, or, by agreement with the tenant, less any deductions (for damage etc) before serving a S21.
  • D_M_E
    D_M_E Posts: 3,008 Forumite
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    If rent has not been reported as income then I suggest reporting LL to HMRC.

    HMRC I believe can chase tenant as well as LL for any unpaid tax on rental income.
  • G_M
    G_M Posts: 51,977 Forumite
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    D_M_E wrote: »
    If rent has not been reported as income then I suggest reporting LL to HMRC.

    HMRC I believe can chase tenant as well as LL for any unpaid tax on rental income.
    1) if this were true, reporting to HMRC would result in tenant being required to pay tax to HMRC! Poor advice!


    2) It's only true if the landlord is resident overseas. Have I missed something in this thread.........?
  • norainbows
    norainbows Posts: 80 Forumite
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    Pixie5740 wrote: »
    Not registered as a landlord? Which part of the UK is this property?

    It's unusual for a tenant to receive the deposit back before the tenancy has ended. Your friend may have options but it will involve playing hardball with the landlord.

    It's in Kent. The LL wants to sell so wanted her to move quickly so offered the full deposit back so she could move out without waiting for the deposit. With the deposit back my friend could move home without having to worry about finding the funds to bridge the usual 2 weeks gap.
    Neurodiverse and struggling with not being 'normal'.
  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
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    norainbows wrote: »
    It's in Kent. The LL wants to sell so wanted her to move quickly so offered the full deposit back so she could move out without waiting for the deposit. With the deposit back my friend could move home without having to worry about finding the funds to bridge the usual 2 weeks gap.

    Do landlords in Kent have to be registered? I see a few councils have accredited landlord schemes but there isn't mandatory licensing like there is in Scotland.

    Has your friend actually moved out of the property yet? If not your friend simply has to stay put and refuse to move out until the full deposit is returned because I assume that your friend never agreed to any of these deductions.

    The lack of deposit protection means that any Section 21 notice issued will be invalid unless the landlord returns either the full deposit or the deposit minus any deductions your friend has agreed to.

    https://markprichard.co.uk/content/documents/180408-Section-21-checker-tool.pdf

    If the deposit has not been protected then your friend can sue the landlord and must be awarded not less than one times the value of the deposit and not more than three times the value of the deposit by the court.

    See G_M's Deposits: payment, protection and return.
  • macman
    macman Posts: 53,098 Forumite
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    How can you be 100% sure that she is not declaring the rental income? The LL is hardly going to go around broadcasting that?
    No free lunch, and no free laptop ;)
  • norainbows
    norainbows Posts: 80 Forumite
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    G_M wrote: »
    1) if this were true, reporting to HMRC would result in tenant being required to pay tax to HMRC! Poor advice!


    2) It's only true if the landlord is resident overseas. Have I missed something in this thread.........?

    Why would the law abiding tenant be required to pay tax to the HMRC? She has been paying market value for the rent which is quite high and going up astronomically every few months?

    The Landlord lives in the next road to the tenant.
    Neurodiverse and struggling with not being 'normal'.
  • norainbows
    norainbows Posts: 80 Forumite
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    macman wrote: »
    How can you be 100% sure that she is not declaring the rental income? The LL is hardly going to go around broadcasting that?

    Because anytime a workman has gone to the house, through general conversation it transpired they thought they were relatives of the Landlord not private tenants, which is odd.
    Neurodiverse and struggling with not being 'normal'.
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