Tenancy Ended: Deposit not Protected

[Kaelic]

I was enquiring about my deposit when my landlord came clean about the deposit not being protected in a TDS. The Agreement had no inventory and the deposit was 555 pounds.

 

My ex-landlord is attempting to make £489.00 of current unspecified deductions, probably mostly bills. The annoying thing with the bills is that our contracts specified that the tenants were responsible for bills (4-bedroom house, I was renting just 1 room) yet when I moved in I discovered the landlord had all the bills in her name, she paid them and just charged us individually.

 

This was fine until she stopped dealing with it last October 2008 and now that I've left she's dumping a huge bill on me that I feel I shouldn't have to pay all at once. I'm not sure what the other deductions are and I don't even have a specific break down of the bills.

 

How should I proceed with the TDS issue? Can she attempt to protect it now if I go for court action? What about the bills? Is it fair for her to hide the bills from us and just slap half a year on me at once? I was counting on the deposit to cover the cost of my new flat's deposit from my savings. I have a friend still living at the old house as well if I need any information about the house.

[Planner]

There are two issues here 1) TDS and 2) bills. To answer the questions I shall need to know;

 

1) Is the property in England/wales

2) did you each have a tenancy agreement each or where you all named on the same agreement?

3) If you where all on the amse agreement, what was the total monthly rent for you all?

4) When did you pay the deposit

5) Have you signed a new contract since? if so when?

6) Are all the bills in the landladys name?

[Kaelic]

1) Is the property in England/wales

Surrey, England.

 

2) did you each have a tenancy agreement each or where you all named on the same agreement?

Unique agreements, I didn't know the people living there at the time it was just the room I was renting. The 3 others also had unique agreements.

 

4) When did you pay the deposit

Around Jun 2008, I could get an exact date if you need.

 

5) Have you signed a new contract since? if so when?

I have with a new flat, I've since left the old one and moved in here. I signed it last month. I've already paid this deposit and the new landlords have put it in a TDS.

 

6) Are all the bills in the landladys name?

Yes.

[Planner]

Easy then;

 

1) Your deposit should definatley have been protected. Unfortunatley it would appear that a deposit can be protected all the way up to court hearing date; and

 

2) You will only be responsible for your share of the bills.

 

Before you begin any court action you should ask for copies of bills/intended deductions and for your deposit to be protected.

[Kaelic]

Why can a deposit be protected after a tenancy has ended? I don't understand the law here if they can just not protect it and then quickly do so if the tenant takes them to court.

[Kentish Lass]

Because the drafting of this law was absolutely appalling!!

 

Mind you, they don't always get away with it, but it has become a bit of a gamble going for the 3xdeposit penalty.

[Planner]

Like Kentish Lass said, bad drafting (or no higher court decisions on the sibject yet). The result is the same, the deposit can be protected at any time.

[Kaelic]

Okay, I'll ask her to protect it before I continue down the court route. As for the bills, is there anything I can do to not pay these bills all at once? She failed to allow us to pay the bills since October which has resulted in it piling up into one payment for all utilities. I'd gladly pay what I owe over the same period I owed it but because she controlled the bills while not living there it's now thrown a huge instant payout onto my monthly ins and outs.

[Kaelic]

However, protecting the deposit after being sued will not save the landlord if the tenancy has ended; for in that case the court has power to make an order for the repayment of the deposit to the tenant, which will give it jurisdiction to make a penalty award under section 214(4). The landlord could only protect himself by making repayment of the deposit in full to the tenant, before the hearing date.

 

This is from the sticky above. Is this not the case?

[Planner]

This is from the sticky above. Is this not the case?

 

Its dated 16th October 2007, understanding of the mater has moved on since then.

[Kentish Lass]

This is from the sticky above. Is this not the case?

 

Maybe, maybe not. Seems to depend entirely on who the judge is!!

[Kentish Lass]

Okay, I'll ask her to protect it before I continue down the court route. As for the bills, is there anything I can do to not pay these bills all at once? She failed to allow us to pay the bills since October which has resulted in it piling up into one payment for all utilities. I'd gladly pay what I owe over the same period I owed it but because she controlled the bills while not living there it's now thrown a huge instant payout onto my monthly ins and outs.

 

You could try writing to LL and request the return of your full deposit or you will sue her for deposit + 3xdeposit for non-compliance with the deposit protection regulations.

 

Request a detailed breakdown of all monies she states as owing to her, with proof (i.e. copies of utility bills). Then, if you agree the amount, either offer to let her deduct it from the deposit, or offer £x amount over the next 6 months to pay them off.

 

She would actually be within her rights to demand immediate payment - you knew there would bills to pay and should have been putting money aside for them.