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    • GJB83
    • By GJB83 8th Apr 18, 3:40 AM
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    GJB83
    Moving Out -Deposit Not Protected
    • #1
    • 8th Apr 18, 3:40 AM
    Moving Out -Deposit Not Protected 8th Apr 18 at 3:40 AM
    Hi all,


    I'm hoping someone can give me a little advice. At the beginning of February I received a call from the estate agents who manage the home I'd been renting since 2010 to tell me that the landlord wanted to sell the property and I had 8 weeks to vacate the house.


    I rushed to find a new home as I didn't want to breach the section 21 given to me or inconvenience the landlord; this was hugely stressful but I believed it was part of my obligation as a private tenant. I have since been made aware that my deposit should've been protected in a government scheme since 2012 and that if it wasn't the section 21 was issued illegally. I cant find any paperwork to suggest that it was protected (and I'm a paperwork hoarder!) nor can I find my details on any of the 3 websites of the schemes.


    I'm very anxious that the agents will try to deduct money from my deposit for general wear and tear as they have been hinting towards this in the run up to my final inspection (which is next week; I've paid rent up until 12/04). I don't know how best to broach the subject of the return of the deposit with them, how to check with them whether it was protected and, importantly, where I stand in terms if any dispute that might occur if I don't have the protection to manage any disagreements


    If anyone has any advice or experience with this situation I'd greatly appreciate the input!
Page 1
    • anselld
    • By anselld 8th Apr 18, 7:57 AM
    • 5,602 Posts
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    anselld
    • #2
    • 8th Apr 18, 7:57 AM
    • #2
    • 8th Apr 18, 7:57 AM
    I am sure they did not use the term !!!8220;general wear and tear!!!8221; in the context of deposit deductions. If they did they are complete idiots.

    Just ask them for the deposit protection details. It is a perfectly sensible question for anybody coming up to leaving a tenancy.

    If it turns out you don!!!8217;t have protection you are actually in a strong position in that you can claim up to 3x deposit via the Courts. The only downside is needing to use the Court system to get your money.

    Hopefully you have taken evidence, photos, etc when leaving to defended any unfair damage claims.
    • Pixie5740
    • By Pixie5740 8th Apr 18, 9:26 AM
    • 11,928 Posts
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    Pixie5740
    • #3
    • 8th Apr 18, 9:26 AM
    • #3
    • 8th Apr 18, 9:26 AM
    There are lots of threads from tenants in exactly the same situation as you. It's been over a decade on since deposit protection was introduced in England and Wales and some landlords still aren't doing it.

    Read G_M's guide to Deposits: payment, protection and return.
    • agrinnall
    • By agrinnall 8th Apr 18, 9:39 AM
    • 19,888 Posts
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    agrinnall
    • #4
    • 8th Apr 18, 9:39 AM
    • #4
    • 8th Apr 18, 9:39 AM
    While I don't condone in any way failure to protect deposits or unfair deductions, the fact is that you've been there for 8 years, so even if you didn't get any of your deposit back I would expect that it's only added between 1 and 2 per week to the cost of your rental, a trivial sum in the grand scheme of things.
    • harrys dad
    • By harrys dad 8th Apr 18, 9:47 AM
    • 1,886 Posts
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    harrys dad
    • #5
    • 8th Apr 18, 9:47 AM
    • #5
    • 8th Apr 18, 9:47 AM
    If you have been there for 8 years then there is unlikely to be anything for "wear and tear", as almost everything wears out in that time. (Not withstanding that they can't claim for wear and tear anyway). So even if there is a big burn on the carpet, the carpet has very little value after 8 years, you cannot be made to pay for a new one. Similarly with decoration.
    • kinger101
    • By kinger101 8th Apr 18, 9:50 AM
    • 4,137 Posts
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    kinger101
    • #6
    • 8th Apr 18, 9:50 AM
    • #6
    • 8th Apr 18, 9:50 AM
    While I don't condone in any way failure to protect deposits or unfair deductions, the fact is that you've been there for 8 years, so even if you didn't get any of your deposit back I would expect that it's only added between 1 and 2 per week to the cost of your rental, a trivial sum in the grand scheme of things.
    Originally posted by agrinnall
    I feels that's entirely irrelevant. Either they're entitled to make deductions from the deposit, or they're not.

    OP - directly ask them whether the deposit has been protected, and if so, which scheme it is in. If it's not been protected, say you'll waive your right to make a claim if they refund twice the deposit, immediately, and without quibble.

    Do you still live there - if the deposit hasn't been protected, the S21 notice was invalid anyway.
    Last edited by kinger101; 08-04-2018 at 9:53 AM.
    • Pixie5740
    • By Pixie5740 8th Apr 18, 10:20 AM
    • 11,928 Posts
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    Pixie5740
    • #7
    • 8th Apr 18, 10:20 AM
    • #7
    • 8th Apr 18, 10:20 AM
    While I don't condone in any way failure to protect deposits or unfair deductions, the fact is that you've been there for 8 years, so even if you didn't get any of your deposit back I would expect that it's only added between 1 and 2 per week to the cost of your rental, a trivial sum in the grand scheme of things.
    Originally posted by agrinnall
    It may seems a trivial sum of money to you in the grand scheme of things but it might not be to a tenant who has to pay out a new deposit and possibly hundreds in letting agency fees as well.
    • agrinnall
    • By agrinnall 8th Apr 18, 2:55 PM
    • 19,888 Posts
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    agrinnall
    • #8
    • 8th Apr 18, 2:55 PM
    • #8
    • 8th Apr 18, 2:55 PM
    It may seems a trivial sum of money to you in the grand scheme of things but it might not be to a tenant who has to pay out a new deposit and possibly hundreds in letting agency fees as well.
    Originally posted by Pixie5740

    I'd agree if the OP had been kicked out after 6 months, but in 8 years they've had time to save up for the next move.
    • macman
    • By macman 8th Apr 18, 3:46 PM
    • 41,791 Posts
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    macman
    • #9
    • 8th Apr 18, 3:46 PM
    • #9
    • 8th Apr 18, 3:46 PM
    If the S21 had been valid, then you would have been due to move out about now. Since it isn't, you can ignore it and sit tight. The ball is in the LL's court, and to evict you is going to take them months. You hold all the cards here, so negotiate yourself a good deal, or take them to court.
    Did they perhaps also fail to issue you with a gas safety certificate?
    No free lunch, and no free laptop
    • Pixie5740
    • By Pixie5740 8th Apr 18, 3:51 PM
    • 11,928 Posts
    • 16,793 Thanks
    Pixie5740
    I'd agree if the OP had been kicked out after 6 months, but in 8 years they've had time to save up for the next move.
    Originally posted by agrinnall
    That doesn't mean that the deposit, which is the OP's money after all, is a trivial sum to the OP. After 8 years of being a tenant in the same property that's a lot of wear and tear. I imagine the OP would be due most if not all of the deposit back. Then of course there's the penalty for not protecting the deposit so the landlord would be a chump to try and deduct anything.
    • cjdavies
    • By cjdavies 8th Apr 18, 6:02 PM
    • 3,211 Posts
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    cjdavies
    I'd agree if the OP had been kicked out after 6 months, but in 8 years they've had time to save up for the next move.
    Originally posted by agrinnall
    They get the deposit back, they then put that away for future move and repeat (providing no serious damage that is not wear and tear)

    No wonder they brought in DPS as landlords seem to think it's theirs as soon as it's handed over!!!!
    • dimbo61
    • By dimbo61 8th Apr 18, 6:23 PM
    • 9,845 Posts
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    dimbo61
    So on Monday morning call the agents and ask which of the 3 deposit schemes your deposit is protected with ?
    When the Penny drops tell them the S21 is invalid and your not moving out. You will be suing the Landlord for 3X the amount for failing to protect the deposit and you may stay in the property for months and months unless you are paid the Full deposit back into your account within 3 days ( your due to move out on Thursday )
    No deposit return then No moving out
    • dimbo61
    • By dimbo61 8th Apr 18, 6:25 PM
    • 9,845 Posts
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    dimbo61
    P.S. you have got proof that you paid a deposit ?
    You want a letter from the Landlord which states that "You will not deduct one penny from my deposit or try to make any claim for any wear and tear or damage to the property. "
    Last edited by dimbo61; 08-04-2018 at 6:27 PM.
    • marliepanda
    • By marliepanda 8th Apr 18, 6:48 PM
    • 5,459 Posts
    • 11,312 Thanks
    marliepanda
    While I don't condone in any way failure to protect deposits or unfair deductions, the fact is that you've been there for 8 years, so even if you didn't get any of your deposit back I would expect that it's only added between 1 and 2 per week to the cost of your rental, a trivial sum in the grand scheme of things.
    Originally posted by agrinnall
    If my memory serves me right Agrinall usually gives fairly good advice, so I!!!8217;m going to assume they!!!8217;re still maybe half cut from last night as this is nonsense.... like it!!!8217;s wrong on every single level.
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