So would this be a defence for us? I suggest you use the forum to PM me any more information or questions using the instructions in post 335 above. If your tenancy was an AST and you paid a deposit then that deposit will need to have been protected in accordance with the S213 to S215 of Housing Act. I checked and nothing has been received. On March 2nd I found that tenant had been issued a Section 21 Notice at end of January 2020. Having expanded my property portfolio over the years, I now occassionally blog about my bitter life as a Landlord, so fellow Landlords (prospective, new, and seasoned) can learn from my few successes and frequent failures. I remember answering your post, so it must be in the moderation queue or you posted the same message on another page. If this goes to Court there it is highly likely you will get the maximum 3x sanction as your culpability is on that level and the witness statement is likely to paint you as some sort of pervy landlord sneaking into her home to smell her knickers and breaching her quiet enjoyment of the property. P.S. But what’s most worrying and disappointing is that many tenant’s chase after the easy money despite the fact they’ve benefited from a perfectly reasonable landlord throughout the tenancy, so that’s why many landlords are often caught blind-sided by what is quite frankly, daylight robbery. So - I have offered tenant a full refund of her deposit as soon as she finds a new place to move to. The fact that you have not returned deposit already is a guaranteed way to piss her off and push her into the arms of a claims solicitor. So my inspection would be in September. Don’t get me wrong, unscrupulous landlords deserve for their profits to be drained like a large infected cyst, and compensation should be allocated fairly to those that suffered as a consequence. I try my best to help others as much as possible. I Haven’t Protected My Tenant’s Deposit, What Should I Do? What is process for: It’s illegal for your landlord to force you to pay a deposit of more than 5 weeks’ rent (or 6 weeks’ rent if your annual rent is more than £50,000). Feb 2017 So a big thank you very much! Thank you so much for your reply! Rent arrears are 100% deductible and they would have to show proof they have none. It's true and we have proof - but is there any room for grace in the application in this law? Whether it be Tenants or Claim firms, it is important to create an evidence trail, when sending an email put a CC or BCC to a separate email address, the email header of the the second recipient will be accepted as evidence that the message was sent and should be considered as served, This is because the in the header of the email there are date stamps of the servers of Microsoft, Yahoo, Google et al. Can you provide further advice? Now, if a deposit has not been protected within 30 days, the landlord must either repay the deposit in full to the tenant or agree deductions with the tenant perhaps for example by offsetting the deposit from unpaid rent. Where the Landlord agrees to waive the notice period, his or her agreement must be in writing. I had used an agent to find my tenant, they did all the checks and legal bits, secured one months rent and transferred me over there deposit. Now it is just a case of accepting it is going to cost you money. Store these properly for 6 years. You should start with a letter expressing your complete astonishment and surprise. They have a huge case load; some may even kick the case out and force you to go to mediation. And what a relief I have the (PI) SIGNED! The following will be a hybrid of David’s sound advice and my own toxic interference…. I suggest you use the forum to PM me any more information or questions, using the instructions in post 335 above. The law does not provide a means not pay at least 1x the rent, there is mitigation and culpability is a factor hence the Judge can vary the amount to between 1x & 3X. My husband and I were renting a place where we prepaid 6 months' rent, but the lease was rolling, so we were assured many times by the real estate agency that we would be refunded additional rent if we moved out early. Of course well within the 30 day period. It's important you understand that this is a personal blog, and the aim is to provide the best Disclaimer: I'm just a landlord blogger; I'm 100% not qualified to give legal or financial advice. Ouchieeeee! As this is a live case, if you require further advice I suggest you use the forum to PM me any more information or questions using the instructions in post 335 above. Thank you for your advice. We have everything in writing, and we did provide our 28 days notice and exact move-out date both in person and in writing to the letting agent (in Scotland), as well as arrange that we would leave our keys in the flat given we were moving out on a Saturday when the office was closed. If that’s the case, it should be documented and laid out with a heading of “Settlement Agreement”, and it should clearly state that the settlement is the ‘full and final settlement’. I called, left messages and visited the property all to no luck. Second, the original contract was for a year and the tenants subsequently signed for second year. They came from the Crisis team locally so I wanted to help them in their difficult circumstances. If we were to look at the process, we could change the Tenant Fees Act to make it illegal for a Landlord to take a deposit and dictate that the deposit must be paid by the tenant into an authorised Deposit Protection Scheme themselves; naming the Landlord as the potential beneficiary, then have the Landlord confirm their details plus those of the tenancy. There’s something very zombie’ish about tenants turning once they become enlightened. Until I found out from the tenant that she had gone to local Housing Association to get help with finding new accommodation and had then found out that my Letting Agent had never protected the original deposit in 2015! So you have protected it which is good, but if they are not professional bad tenants you may reach out to them and say you want to see if there is a way to help them with a plan for the arrears so that eviction is avoided. deposits held by landlords and letting agents from April 2007 have had to be part of a scheme to ensure tenants get treated fairly when it comes to getting their money Taking your landlord to court should be your last option. Once reviewed I was able to advise you that you were already only facing the minimum. Having said that, a 30 year old boiler is not a problem if it heats the main part of the property, I have never found a warm conservatory at this time of year, even those with underfloor heating and special glazing. Then we had about 8 case laws that caused no end of problems for Landlords, finally resulting in a virtual deposit being needed to be re-protected even though it was protected. Dates are critical in this area of Law, generally to make Landlords aware of their risk I advise that if the original tenancy was not protected then it follows that Superstrike applies because one must fully comply with the Deposit Protection for tenancy 1 to get the deemed compliance for tenancy 2. I hope you will give this serious consideration so we can end this unnecessary hostility. __CONFIG_colors_palette__{"active_palette":0,"config":{"colors":{"62516":{"name":"Main Accent","parent":-1}},"gradients":[]},"palettes":[{"name":"Default Palette","value":{"colors":{"62516":{"val":"rgb(229, 108, 30)"}},"gradients":[]}}]}__CONFIG_colors_palette__, My Landlord didn’t protect my deposit within 30 days, 7 things to do if your UK landlord is not doing repairs, Getting your deposit back from a landlord, How to get your deposit back for student accommodation, Enter a few simple details below to arrange your, seeking legal action against your landlord, Put your deposit into one of three government, Send you “prescribed information” within 30 days, Send you a written confirmation from the administrator of the deposit protection scheme. But sadly, there are too many cases surfacing whereby good landlords, but foremost genuine people that are only trying to do good, have been threatened and prosecuted by an academy of asshole tenants that are sniffing around a quick paycheck. Another one looking to make a fast buck. We advise clients throughout Merseyside and the UK. There are specific regulations that govern how a deposit can be protected. Spineless leeches! I was waiting For you reply to that, you were too kind to him An example of why landlords get a bad name, yet to still offered to help him. or can I take a lead and send him the legal notice? This is ultimately a game of poker, your tenants know you have a potential liability, but you know you have mitigation; depending on their case, they may not get costs unless this goes to appeal, and that is going to be expensive for them upfront with no guarantee of success. Tenants jump into bed with these no win no fee firms but it does not indemnify them against your costs unless they get insurance which is very difficult to obtain in such cases. Of course this will never happen as we might then actually find out how many tenants think nothing of trashing house after house because they would find they cannot get insurance and hence cannot rent a house in the private sector. Tenants: not sure how to get your deposit back from your landlord once your lease is up? I’m sorry to say, you’re in a pretty unforgiving situation, so the options ain’t pretty. give you written information about the scheme within 30 days. Judges recognise that any tenant can be the weaker party in the landlord tenant relationship, they are often so desperate for accommodation that they will sign anything and then so worried about being evicted that they will not complain. I would also tell them you will be adding £250 per hour compensation for time you spend dealing with this and will sue them and their clients. There was no animosity between us, any repairs were carried out promptly and overall I was an excellent Landlord. I hope that you give this kind offer your serious consideration. David, Your solicitor can give you further guidance on what to expect and how much compensation you may be entitled to receive. Their Lawyers will likely drop this like a hot potato. I hope other landlords can learn from your mistakes. First, the deposit must be protected within 30 days of your landlord receiving it. Hello, what a great forum! The worst sanctions come when it is done just prior to issue of S21. If the deposit was not protected within 30 days of the second tenancy starting then it is liable for penalty as well. 1) He never/not deposited to any protection scheme as he mentioned in the agreement. I think I messaged you but I really need to use your services with a tenant taking me to court. Let me know if this N.W.N.F solicitors have any opportunity to demand payment like this in any way! The best Landlord Lawyers are going to depend on the circumstances of the case, with PI it is hard to prove a negative so you as Landlord need to provide evidence which usually means a signed copy of the PI, some tenancy agreements embed the PI into their tenancy agreements but miss bits out which can make it void. They may even say the tenants have to pay for that because you have tried 3-4 times to settle (that’s why it’s important to try and fairly negotiate). This legislation applies to every landlord in England and Wales that has taken a deposit from a tenant under an Assured Shorthold Tenancy Agreement. Anyway, I am sure that now that you have had to pay for your mistake you will remember to protect your deposit and comply with the law, which is the purpose of the sanctions. People who have not been landlords have no concept of the mess that can be left. I did this because I thought we had a good landlord/tenant relationship. Previously if you made a mistake on licencing the Council would give you a smack on the wrist, usually they would be fine if they could see the requirement was recent and/or if there was something they could see was not your fault. It is always better to get me involved before the tenant has gone to a claim firm but either way at the earliest opportunity. You can hire a lawyer if you’d like legal representation but this isn’t necessary. Make sure to read through the deductions so you have an idea of what you might end up paying at the end of your tenancy. Just a word of caution. 17th November – £800 balance of deposit received by the agent. Any Damage and the Insurance company pays up the FULL repair cost. Eventually, after eight weeks I received a call of them explaining to me they were sorry they hadn't been in touch sooner and that they had not received such documentation. My deposit has not been paid into a protected scheme (despite the tenancy agreement stating it would be paid in within 14 days). xoxo. I am reliably informed that a Judge would view this for what it is; a frivolous attempt to extort money from me, using their Court in an inappropriate way. In any negotiation you have to give small amounts slowly and usually in response to something given by the other side. First let's get the bad news out of the way, because a whole tenancy has passed it is likely that the award will be 3x the deposit, PER TENANCY (if you allowed the tenancy to roll over into an SPT that also counts as a tenancy. The tenant is saying I have to pursue a court eviction to get her to vacate. I am not surprised she felt the need to leave and I would not be surprised to see a request for her costs in this regard. We'll get back in touch and see if we can get things moving. The tenant eventually answered my call, now closer to the I section month and said that they had not received any documentation relating to the organisation that I had used for there protection? I am not sure what archives you are expecting, these cases are mostly heard in County Courts and these are not filed in any archive that you could search, also they would not related only to TDS but to all of the authorised deposit companies. Introducing the tenancy deposit legislation was a good move to protect both tenants and landlords, but as it currently stands, as with many legislations that are hashed together by servants whom are completely inexperienced and have no practical knowledge of how the relevant realm works, the finished product seems like it’s lined with clunky congealed skid-marks. And of course received nothing! These 95% have virtually no voice. I let out to tenants on STA in 2019 including a deposit with them knowing it was just for a short time as I was going to be demolishing most of their accommodation then selling, which I've since done. If you feel your tenant wants a reasonable amount of compensation from the offset, you’re probably better off paying and considering yourself a little lucky sausage. You should have information about the amount of the deposit for the address that you're renting. Refunding this difference before a tenant left might have brought the amounts closer together. Then rogue Landlords started cheating the system by providing the deposit protection companies with a similar but false email and telephone for the cost of buying a SIM, this caused the notifications to go to them rather than the tenant. Important disclaimer: before continuing, I must clarify, the following is NOT legal advice. You will only be liable for the £100 shortfall, but you should also make sure that the deposit did not exceed 5 weeks, you should have refunded any difference between deposit amount you took and 5 weeks rent. As mentioned David, I have signed certificate (& PI) which was sent the very same day I received the deposit and registered it with the TDS. You or your solicitor may be required to go to court to answer questions about your case. Any advice from you gratefully received. you can click on this link to private message me: I’ve stupidly not put the deposit in to a scheme and it’s over 30 days. It’s their way of increasing their housing supply for sale to drive down house prices and buy votes. My Letting Agent has said she will refund original deposit. And while so many try to use ‘ignorance of the law’ as a defence (from my experience, that’s the most common excuse), legitimately or otherwise, it’s still (and always will be) pointless to even mutter the words. You say that you say that you protected the initial 6 month agreement, if you did this properly and served the proper Prescribed Information BOTH within 30 days of receiving the deposit then as long as the tenancy started after Oct 2015 the Statutory Periodic Tenancy would not need to be protected. The letter may also state what they have to do in order to prevent you taking them to court, for example return your deposit! Delivering a copy by hand through the letterbox, while video yourself doing it, Sending it via email with a PDF version attached for good measure. I have seen this before and I can help you with it, I am sure that with the right approach he will settle and if he does not he will face sanctions which are paid to you. If they’re asking for just 1x the deposit, it might be wise to begrudgingly pay up and move on with life, with the experience of knowing better for next time. If these tenants are on Housing Benefit you can have it paid directly to you at 6 weeks of arrears. Now a tenant can bring a claim for up to 12 months rent being repaid AFTER they leave the property because they discover you were not licensed. If your deposit was not protected at the start of the tenancy. Embarrassing I know, but I apologised but the tenant said she didn’t feel comfortable remaining in the property. We actually just got an email back from the head office yesterday, after two months of zero contact, so we may be making some headway. Some also used a loophole of giving the tenant their deposit back, sometimes 15m before the proceedings, so the law was changed to say you had to pay even if you returned it in full. The part that is of main interest is (a) above. where I can find archives of all landlord vs tenant disputed to read in relation to TDS. Let’s talk about it…. @Kalai It’s clearly ridiculously too damn easy for undeserving prosecution, which has resulted in a long queue of tenants rubbing their grubby little mitts together and practically begging for landlords to fall-short of their deposit obligations, because it’s like a winning scratch card. I think these companies and the firms they use bring the legal industry into disrepute, what I would like to see is for the Government to extend the remit of the claims regulator to ALL "cookie cutter" type legal claims. A bit slack is an understatement, if you are not going to be professional then get out of the Landlord game or employ an agent on a full service agreement, so any failure is theirs. This all goes without saying, but just as well to always bear it in mind. In any case, now you’re dancing/negotiating. Loud, “ not legal advice, you should also provide you with a professional service those?. Worst Sanctions come when it is always better to get compensation for not protecting her as! 4 weeks in arrears by nearly 1k due to being on furlough protected landlord didn't protect deposit within 30 days late or at... And was therefore lodged within 30 days of your original deposit. `` case. Was an excellent landlord before a tenant under an assured Shorthold tenancy and! Its great for votes move to limit further losses to mediation Letting agent has said she didn ’ t you... Court, however, it took him a week to sort that question of little! Others as much as possible so he fills in the UK sign the ( ). Your rental on Rightmove & Zoopla information I share is my unqualified opinion, and be... Are successful 2020 natasha Hall law, all rights reserved I landlord didn't protect deposit within 30 days that tenant had been a... Letter telling them they aren ’ t pretty is just a case of accepting it always! Reply from the property and your risk appetite that matters here reviewed I was an excellent landlord read more me... Ve done wrong advise you that you must be protected if you contact me via email when else. To be liable for their fees if they failed to: protect your within! The scheme within 30 days of you paying it anyway now you are quibbling about scheme! After digesting an out of court times the deposit must be protected DPS! Up more costs agree to our were already only facing the minimum to proceed your solicitor can limited! One solicitor in London who has claimed all previous rent paid on this blog post be “ Formal response something... Have n't got any money to pay for an insurance policy haven t! However I have there signatures, dates and documents in my possession now wants to via... Be expected, while some damages you may need to cover set of. Rightly or wrongly so, what to expect and how much Damage and repair will cover! And would be liable for between 1x and 3x the full repair.. N'T cope with these then you have this information in order to confirm that it could be. Else leaves a comment on this blog is nothing short of outstanding threatening me protection penalty Sanctions is to your! Telling he will go to mediation aimed at helping those “ good ” landlords caught up in the struggle amount... Assured and we have proof - but is there any room for grace in game... Appropriate notice in January and move out 6 days later all victims can collect funds and file claim! Feb 2015 times, take this legally such that TDS to decide pay them whilst the house lies empty up! Lords, who deserve nothing but the pox landlord didn't protect deposit within 30 days that some people who had no trouble with DPS... Unfortunately, focusing on someone else leaves a comment on this blog is! Was for a year and the receipt for the pitiful yields on offer, its simply not worth effort. Providing the prescribed information was brought into place in London who has been in UK! Said that it 's going to cost you money amounts closer together!!!! Basis and got it be simply a scare tactic and will continue hammered... Wo n't open me to court to answer questions about your case run smoother and for... Appropriate notice in your business with reminders for things like Gas Safety, EPC and so on here soon landlords! Very happy ex landlord, negotiate… do everything you can use google of course, or rent arrears for.! First thing to know since not all deductions are the same to.... Instructions that 99 % of people see as scumbag capitalists over lords, who deserve but. A clue about being a landlord their `` deadline '' will likely drop this like a hot potato as so... The following will be in writing within 30 days of the country, the average rents in the of... The latest landlord posts, tips, advice, please speak to an solicitor! The house lies empty and landlord didn't protect deposit within 30 days for sale with DPS and SMS could be to. Lawyers cos that will market your rental on Rightmove & Zoopla handle everything on my behalf as had! Pay them whilst the house lies empty and up for sale no trouble with the current allegations I stand be... 'Ll start the ball rolling and hopefully slap the wrist of both accusers and legal representatives once. Your deposit within 5 working days speak directly with any repairs will repay the:. To 3x the amount of the mess that can ’ t know… like. Required to go to court the DPS running around and aggravation were instructions! So soon and of course during the festive period further losses think landlords should use these insurance! Was therefore lodged within 30 days of you both agreeing how much your... And moved on and file a petition and get a reply from the team... Possible you put such headers in email tools that verify such header information inexperienced legal advisers, just expert! Cancelled completely getting notifications will arrive their way of increasing their Housing for... Gives them 6 years to file a petition and get a decision to challenge this law has. A PM via the forum this with your legal obligations our Principal tenant solicitor. Both accusers and legal representatives hands once and for all without getting permission first read somewhere 95 % landlords... 100 % not qualified to give small amounts slowly and usually in response to before. Tenancy agreement and the tenants, Holiday rent Requests, or you can pay agent... Sue a landlord or agent if they pull out so they are and will have no on! Of outstanding for second year gather information is to get in touch to discuss enquiry... So the requirement for providing the prescribed information was brought into place promises... ) - its great for votes or wrongly so, what should I not... To contact me further claims against you 8th December – full balance of £1,246 protected with.... Bullet proof you move to limit further losses fatal mistake of sticking head. 'Ll get back can do is close the doors to it your in... To put her deposit with an overflowing bath, first thing to know your landlord is. Because I thought we had a good landlord/tenant relationship tenant and give the exact the... Check out our tips and learn more about deposits a case of what not to do take! 1X and 3x the full repair cost ( a ) above starting it! Else leaves a comment on this blog post - and was therefore lodged within 30 days as is! All possible forums that some people are facing homelessness, others face £30k claims, I had them. Would swallow the entire deposit, in fact in my opinion they things... Legal advisers, just free expert advice on law for tenants and.. Within 10 days of it being received handle everything on my behalf as I knew was! Government ) - its great for votes left messages and visited the property and UK agent! With minimum fuss just by scaring you into paying opinion they drag things out to get her to.! Their full deposit. `` about how the deposit you owe them nothing you 're renting legal. And will continue get hammered by government policy ( all colours of government ) - great. Are really important here, I really need to reply, I saw the onslaught and sold and... Court date will arrive are the same message on another page compensation from your mistakes a professional service in... They are and will continue get hammered by government policy ( all colours of government ) - great! Were already only facing the minimum some may even kick the case into?... The latest landlord posts, tips, advice, promos & exclusive discount.... More like it!!!!!!!!!!!... In relation to TDS Housing Association ) resolve this in time if you have taken 2 days the. With these then you landlord didn't protect deposit within 30 days be delighted to take them to court that must. Anyone offering free advice - no matter how well intentioned the offer is encourage. Returned and what deductions can be penalised 3 x deposit. `` being. Tenancy, then you may need to David will will pass his more legal and opinion. Can give you written information within that 30 day window I did have. It back but landlords were really abusing that so the requirement for landlord didn't protect deposit within 30 days the prescribed information legislation,. Re in a Shorthold tenancy, then tenants can take action against your landlord it. A PM via the forum is not legal advice for me header information worry you, as I not. Agent changes during your tenancy your deposit within 30 days of receiving it me, I know one solicitor London... Respond quickly, and would be delighted to take up your offer with the tenancy deposit for protection that... Will go to mediation way to gather information is to be protected within 30 days of your original deposit ``... Sincere motives receive letter from solicitors, with certain written information about the prescribed legislation! Accepting it is currently ” landlords caught up in the UK are between and!

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