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Bodonchar

Can my landlady get away with not putting my deposit in an authorised scheme?

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Hello all. First post here.

 

I am moving out of a flat that I rented for one year. My landlady, who always came across as a relaxed, reasonable person up until now, has recently transformed into the Incredible Hulk. I know she has lied to me about a number of things, and is now trying to claim money for changes my flatmates and I made with her VERBAL (:-x) agreement (which she now denies having given). She becomes very angry whenever I ask whether she's going to produce receipts and invoices for expenses she claims against our damage to the property. I don't hold out much hope for our deposit: at the very least, it's going to be an uphill battle to get any of it back.

 

I was talking about this situation to a lawyer friend, and he asked me what sort of deposit protection scheme my landlady was using. When I told him 'none', he gleefully rubbed his hands and told me she was in breach of the Housing Act, and a court would certainly order her to pay 3 times the amount of the original deposit. This seemed like a magic bullet. However, when I tentatively raised the issue of a protection scheme with my landlady, she told me that because our rent exceeded £25000 p.a., she was not obliged to place the deposit in such a scheme - indeed, it was impossible for her to do so. Our tenancy agreement, apparently, is 'non-Housing Act.'

 

Is this true? Or just more lies? On current form, I don't trust a word she says.

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Hello and Welcome, Bodonchar.

 

I'll move this thread to the appropriate Forum, I'll pm you with a 'link', please continue to post on this thread.

 

Regards.

 

Scott.


 
 

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she told me that because our rent exceeded £25000 p.a., she was not obliged to place the deposit in such a scheme - indeed, it was impossible for her to do so. Our tenancy agreement, apparently, is 'non-Housing Act.'

Yep she's dead right I'm afraid.

 

An AST cannot have annual rental over £25k. As such, as tenancy protection only covers ASTs, she could not protect the deposit even if she wanted to.


7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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Hi

Welcome to The Consumer Action Group.

 

 

I am just letting you know that as you haven't had any replies to your post yet, it might be better if you post your message again in an appropriate sub-forum. You will get lots of help there.

 

Also take some time to read around the forum and get used to the layout. It is a big forum and takes a lot of getting used to.

 

 

Once you start to find your way, you will soon realise that it is fairly easy to get round and to get the help you need.

 

It can be bit confusing at first.


Please be advised that my time will be limited for the next few weeks.Thanks for your understanding.

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