Deposit scheme - renting

valkia

valkia

valkia

Soldato
Joined
22 Aug 2010
Posts
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So to cut a long story short I've moved house (house share) and now I hear that any desposit left on a house should have been put into a deposit scheme by law from 2007. There are no records of my name or the house having any deposits left on it and I have been told that I can take legal action because of this.

I haven't been denied my deposit however I have asked for it twice now with no response. My land lady has created me so many problems in the past I just want to get things sorted.

Advice please.
 
You can reclaim more than the deposit you paid if the landlord didn't put it into one of the schemes (i think... someone should be able to comment on this), although I'm not sure who you'd need to contact, CAB maybe?
 
sbi5ar said:
You can reclaim more than the deposit you paid if the landlord didn't put it into one of the schemes (i think... someone should be able to comment on this), although I'm not sure who you'd need to contact, CAB maybe?
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Already spoke to them on the phone and told me to do an appointment locally which I'll do.

I know for a fact that she hasn't put it into a scheme and making interest on the money which is bad. I'm just wondering if anyone else has had the same issues / problems.

My one concern is that I didn't pay the full deposit, was short by about £100 - which basically I didn't realise until I needed to get it back. Surely this shouldn't change anything though.
 
Where do you live?

Guessing by the fact you're quoting 2007 I assume England. I'm a landlord in Scotland and this only just came into effect for any new rents after 2nd July 2012.

Anyhoo, there's only a couple of approved schemes in Scotland:
http://www.lettingprotectionscotland.com/
https://www.safedepositsscotland.com/
http://www.mydepositsscotland.co.uk/

So I assume it's the same case with England. As such I think you might have to check each one has no record of your deposit.

Also note there are a couple of reason why a land lord does NOT have to put your money in a deposit scheme. For Scotland, these are:
Lets to family members
Life rents
Houses for holiday use
Properties used by religious orders and organisations
Accommodation with care
Houses subject to control orders
Agricultural and crofting tenancies
Resident landlords
Transitory ownership (executors, heritable creditors, and insolvency practitioners)

If you don't fall into any of those categories this might be the reason why you can't find any information about your deposit.

Regardless, your landlord SHOULD be telling you what has been done with your deposit. I can't comment with any certainty how it will be viewed that you've not paid the full deposit but I'd imagine its the kind of question that a deposit scheme would be able to answer pretty quickly. Maybe the same email to each of the English approved schemes would yield quicker results and give you piece of mind?

I found the websites for the Scottish schemes to give me more than enough information as a landlord and I've had no questions form any friends, family or tenants regarding the scheme that weren't answered on their websites or by email.

Good luck!
 
The fact you paid short shouldnt really be an issue. The deposit is what the land person requests from you which they should once received stick into the deposit scheme. If you were short it was her responsibility to chase it up and get the agreed amount from yourself. Either way your deposit should have been put into the scheme so get down to CAB and work from there.

Oh how i hate private landlords, im about to go postal on mine!
 
valkia said:
So to cut a long story short I've moved house (house share) and now I hear that any desposit left on a house should have been put into a deposit scheme by law from 2007. There are no records of my name or the house having any deposits left on it and I have been told that I can take legal action because of this.

I haven't been denied my deposit however I have asked for it twice now with no response. My land lady has created me so many problems in the past I just want to get things sorted.

Advice please.
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Are you renting the house as a Student Let?

I provide you this link which may be of help;

http://www.direct.gov.uk/en/HomeAndCommunity/Privaterenting/Tenancies/DG_189120

Also contact the CAB.

EDIT: Contact the DPS to see if the landlord has put your deposit into the scheme.
 
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Oh, I didn't realise this is coming into effect in Scotland. Looks like the date is the 2nd of October up here. I've just been reading that if a landlord/agency took a deposit between the 7th of march 2011 and the 2nd of october 2012 (Mine was given in July last year so I fall into this category), they have to put the deposit in a scheme by the 13th of November 2012. I've not heard from my agent.. Should I contact him about this and ask if he's acting on it?
 
Used to work in Litigation and it was a huge problem landlords not registering the deposits with the DPS, then going bust or spending the money.

I understand its an offense not to deposit the money within 7 days and provide you with notification its been done.

I would suggest speaking to the CAB. Whilst I wouldn't condone such actions, if the LL has not deposited the money correctly, they are breaching the terms of the tenancy. I would (if it was me) when I planned to leave, give notice but not pay the notice period rent if you suspect shes spent the money.
 
yer_averagejoe said:
Oh, I didn't realise this is coming into effect in Scotland. Looks like the date is the 2nd of October up here. I've just been reading that if a landlord/agency took a deposit between the 7th of march 2011 and the 2nd of october 2012 (Mine was given in July last year so I fall into this category), they have to put the deposit in a scheme by the 13th of November 2012. I've not heard from my agent.. Should I contact him about this and ask if he's acting on it?
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Yes, always contact them. Agents seem to think Students won't chase up these things. I've always put it into writing on the tenancy agreement that the deposits will be held in the DPS, and only kept according to the terms that have been written in the agreement. It is your money and it's easy money to be kept for the smallest of damages.

Better yet contact the people in the link I have posted and see for yourself, then contact the agent if they haven't put your deposit in the DPS.
 
I'm not renting as a student let, I work full time (at overclockers uk) and I am currently based in the UK so Scottish laws won't apply for me. I've called the 3 different DPS companies and there is no record of any deposits from the house in any of these. The landlord is private, one lady and we have constantly had unpaid bills and other issue's come to the house.

I've had an issue which she put my name solely onto the council tax (even though there were 3 people living there) and as she wasn't paying the council tax I had a court summons letter come through the post which I was fuming at. Is this something I can also put the a smalls claims court if I continue to pursue the deposit not being properly protected. I don't want this criminal making interest on my money.
 
valkia said:
I'm not renting as a student let, I work full time (at overclockers uk) and I am currently based in the UK so Scottish laws won't apply for me. I've called the 3 different DPS companies and there is no record of any deposits from the house in any of these. The landlord is private, one lady and we have constantly had unpaid bills and other issue's come to the house.

I've had an issue which she put my name solely onto the council tax (even though there were 3 people living there) and as she wasn't paying the council tax I had a court summons letter come through the post which I was fuming at. Is this something I can also put the a smalls claims court if I continue to pursue the deposit not being properly protected. I don't want this criminal making interest on my money.
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Firstly I'd communicate with her in writing.

I'd get confirmation from the TDS/DPS in writing that no DPS is on the premises with you as a Tenant.

How long have you been in that property?

Get everything in writing, then contact the CAB. They will advise and assist you further.

I
 
Vita said:
Firstly I'd communicate with her in writing.

I'd get confirmation from the TDS/DPS in writing that no DPS is on the premises with you as a Tenant.

How long have you been in that property?

Get everything in writing, then contact the CAB. They will advise and assist you further.

I
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I lived there around 1 year and 5 months. I'll have to call back to the 3 deposit scheme companies and get them to send me emails confirming there is no DPS on the premises.

If she does feel she should have done this and offered my deposit back quickly, do I still have the right to continue with a small claims hearing - She's caused me so many issue's I would like to.
 
valkia said:
I lived there around 1 year and 5 months. I'll have to call back to the 3 deposit scheme companies and get them to send me emails confirming there is no DPS on the premises.

If she does feel she should have done this and offered my deposit back quickly, do I still have the right to continue with a small claims hearing - She's caused me so many issue's I would like to.
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there is a loop hole in the current regulations - as soon as the LL pays you back, you cannot get any compensation (theoretically 4x deposit amount iirc). Supposedly tenants should get deposit + 4x deposit amount as compensation/penalty on LL. But loop hole makes the whole DPS toothless atm.
 
Amleto said:
there is a loop hole in the current regulations - as soon as the LL pays you back, you cannot get any compensation (theoretically 4x deposit amount iirc). Supposedly tenants should get deposit + 4x deposit amount as compensation/penalty on LL. But loop hole makes the whole DPS toothless atm.
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What if there is are legitimate reasons that are in the Tenancy Agreement to which the LL can keep the deposit ie; furnishings damage/needs repair.

She could possibly get away with this and keep the tenants deposit as well.
 
Amleto said:
there is a loop hole in the current regulations - as soon as the LL pays you back, you cannot get any compensation (theoretically 4x deposit amount iirc). Supposedly tenants should get deposit + 4x deposit amount as compensation/penalty on LL. But loop hole makes the whole DPS toothless atm.
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are you sure? there were stories going both ways, people protecting the deposit before the court date and getting away with it, and others doing the same but the tenant still getting compensation...

I think the act was unclear as to when the deposit had to be protected?
 
Vita said:
What if there is are legitimate reasons that are in the Tenancy Agreement to which the LL can keep the deposit ie; furnishings damage/needs repair.

She could possibly get away with this and keep the tenants deposit as well.
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Those questions are orthogonal to my answer.

If tenant disputes a deposit, or portion thereof, that is not in a DPS when it should be, then the only legal + reasonably forceful avenue is small claims.
 
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