Landlord wants to charge me for using a deposit protection scheme

JonJ678 said:
Cheers. I'm looking for a new place to live, as even if I get him to back down on this charge the process has rather soured our working relationship. Good to know my options.

Who regulates landlords / estate agents? I'm not his only tenant, and I doubt I'm the only one being invoiced. If it turns out the charge is illegal then it's worth reporting.
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That's the thing - letting agents are unregulated and can charge what they like... Just read this rant from a journalist: http://www.moneywise.co.uk/news-views/blogs/rebecca-rutt/2011-01-21/my-estate-agent-hell

If you're doing it via an agent rather than a landlord, I would get in touch with her and ask her if she would be interested investigating! There's nothing like bringing a bit of shame on to outrageous letting agents (and indeed landlords)
 
The only way your landlord can get you out (assuming no faults on your part) is with a section 21 notice. Even then, he would have to take you to court and get bailiffs to actually legally force you out. a s21 is simply a notice of intention to start possession proceedings.

If he has not served a section 21 notice, giving two months notice coinciding with a rental period, he cannot chuck you out. If you are still in the property one day after the fixed term expires, you are automatically on a statutory periodic tenancy.

The landlord/agent can charge whatever the hell he likes to issue a new tenancy and start a new fixed term, just as they can to take you on initially. They cannot stop you going on to a periodic tenancy without serving an eviction notice.

Post here and you'll get chapter and verse:
http://forums.moneysavingexpert.com/forumdisplay.php?f=16

Rob.
 
Ok I have a reasonably similar issue, not sure if it warrants its own thread here.

I'm past my 6month break lease in my 12 month contract and am thinking of leaving the property, however I have just realised that my landlady actually never put my deposit into a DPS. Now god knows what's been happening to this pretty large sum of money! (8 weeks rent)
My questions is if I tell her I'm leaving and she tries to make charges to me from the deposit, am I in a position to turn around and take her to court for not using a DPS?
 
TMP said:
Ok I have a reasonably similar issue, not sure if it warrants its own thread here.

I'm past my 6month break lease in my 12 month contract and am thinking of leaving the property, however I have just realised that my landlady actually never put my deposit into a DPS. Now god knows what's been happening to this pretty large sum of money! (8 weeks rent)
My questions is if I tell her I'm leaving and she tries to make charges to me from the deposit, am I in a position to turn around and take her to court for not using a DPS?
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My understanding is that it is now illegal for a landlord to independently hold a deposit. They either need to put into DPS or an insurance scheme. The only exceptions, according to this page, are if it is an assured tenancy, there is a guarantor or there is a zero deposit.
 
Interesting, from the page linked in my previous post:

Tenants can apply for a court order requiring the deposit to be safeguarded or the prescribed information to be given to him about the scheme in which the deposit is safeguarded.

Where the court believes that the landlord has failed to comply with these requirements, or the deposit is not being held in an authorised scheme, the court must either order the landlord within 14 days of the making of the order to repay the deposit; or order the landlord to pay the deposit to the custodial scheme administrator.


The court must also order the landlord to pay to the tenant three times the deposit amount within 14 days of the making of the order.
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You could be in for a bonus!!!
 
You're being charged to renew? Lol, I'd be out of there like a shot! There is no/negligible admin in renewal! They don't even need to do anything, as the DPS requires you only inform them when the tenant has left the property, and the deposit needs to be released.

Is it a Foxtons managed property by any chance?
 
reefoid said:
Interesting, from the page linked in my previous post:



You could be in for a bonus!!!
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Yea someone mentioned that before, but the thing is the landlord can put the deposit in the scheme right up to the last minute of the court order and the whole thing is dropped.

I'm just wondering that since I now wish to leave, is there any point in making her put it into a DPS just to immediately request it back.
 
TMP said:
Yea someone mentioned that before, but the thing is the landlord can put the deposit in the scheme right up to the last minute of the court order and the whole thing is dropped.

I'm just wondering that since I now wish to leave, is there any point in making her put it into a DPS just to immediately request it back.
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I'd say yes, otherwise she could just refuse to give the deposit back. At least if you go to court, she'll either have to pay it to you directly or put it into a scheme where she would have to justify any deductions from it.
 
reefoid said:
I'd say yes, otherwise she could just refuse to give the deposit back. At least if you go to court, she'll either have to pay it to you directly or put it into a scheme where she would have to justify any deductions from it.
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The only thing putting me off taking her to court strait off is because it would take bloody ages. I guess I'll just wait and if she makes any ridiculous reductions or starts to be unreasonable I'll hit her up with the court order :D
 
Refuse to pay anything, a tenant who stays or is willing to sign a 12mnth extension is like a windfall for a landlord.
No having to go dredging society for tenants, no advertising fees, no cleaning inspection on move out, no having to organise viewings......

As it stands, he wil lnot get a tenant at this short notice, so he will loose a months rent if you move out. Tell him this, also stress how good a tenant you are!
If it's a 3rd party you are dealing with they won't care about any of the above and you will no doubt have to move out as they will get no money from a renewal!
 
I would guess that your deposit is designed to cover not only the possibility of your leaving without giving notice (all too common) but also any damage to the property. suspect that any decision on what will be repaid depends on an inventory.

Who prepares this inventory and has a new one been done?

Inventories cost money and the DPS is entirely for the benefit of the tenant, I doubt that ANY landlord is in favour of them. Pay the £45 or move - simples :)
 
stockhausen said:
I would guess that your deposit is designed to cover not only the possibility of your leaving without giving notice (all too common) but also any damage to the property. suspect that any decision on what will be repaid depends on an inventory.

Who prepares this inventory and has a new one been done?

Inventories cost money and the DPS is entirely for the benefit of the tenant, I doubt that ANY landlord is in favour of them. Pay the £45 or move - simples :)
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Inventories cost money? Mine was one side of A4 filled out in about 5 minutes whilst I was walking round with the landlord.

And why do a new one? My inventory has stayed the same throughout my tenancy. Unless you have a landlord who randomly adds/removes stuff from your house:confused:

And yes, I'm sure most landlords don't like these schemes but that's because many of them can no longer take their tenants for a ride. Other than the interest they lose from not having it in their own account, it really shouldn't bother a decent landlord where the money is.
 
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reefoid said:
Interesting, from the page linked in my previous post:



You could be in for a bonus!!!
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Sadly unlikely - the courts have more or less put an end to that. The law was badly written and a landlord can defeat your case at the last minute. Still a useful threat, but not a useful route to pursue. I think it also has to be done on the multi-track not small claims, with the problems that brings.

On the plus side, if your LL hasn't protected your deposit then any s21 notice they serve is automatically invalid.
 
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