Deposit not protecetd

[gsc-cert]

Hello All,

 

First of all Thanks to the moderators and administrators for creating a forum like this. Hope I will find useful advise and solace from fear of my landlord.

 

I have been living in my current property for four years. Each year the contract is renewed and each time the names of people in contract is different but for me being there in all of the four one year contracts. Now that I want to vacate the property, the landlord wants to make deductions from deposit or charge me even more based on an inventory report which was prepared even before I came to this property and which does not even have my signature.

 

Also he has not protected my deposit with any on the three deposit protection schemes.

 

Can you please advise on this situation?

[mariner51]

Why do you want to leave, is the latest 1 yr contract about to expire ? (pres 1 yr fixed term /)

What Notice is reqd / have you given?

Is it a joint T? Does LL live in same building?

 

Easiest & cheapest way prob would be for you to sue the LL for return of your full deposit.

He would then have to justify any deductions, based on move in/out condition reports, less allowance for 4 yrs wear & tear.

[gsc-cert]

Hey Mariner51 , Many Thanks for your reply.

 

My current contract is due to expire on 30 Nov-2012. We were three of us in the contract. The other two went back to their home country in July and October. The LL does not live in the same building.

 

So can an inventory report created six years back, even before I moved in the property and which does not have my signatures be held good for me?

[mariner51]

I assume 1 yr fixed term expiring 30 Nov 12.

You can vacate T without Notice on this date but if you remain in occupation beyond this date SPT Notice periods apply.

I believe LL could rely on 6yo inspection report,but wear & tear allowancewould be 6 yr. Subs T liability should be limited to duration of residency. Natutural T defence woul nethat T damage was caused by previous Ts post inspection

[gsc-cert]

I assume 1 yr fixed term expiring 30 Nov 12.

You can vacate T without Notice on this date but if you remain in occupation beyond this date SPT Notice periods apply.

 

Hey Mariner51, Thanks for your reply.

 

Kindly explain what is "SPT Notice periods" you mentioned.

 

The LL is insisting that I should have given him two months notice by citing terms and condition, which again does not bear my signatures. However just to get away from this botherations, I agreed to pay rent and occupy the property till December?

 

Will I get into any issues by doing this?

 

Thanks

Nishant.

[raydetinu]

you do not have to give any notice if you are leaving at the ned of the contract. thats it, contract ends you leave.

If deposit not prtected he must return it, no deductions or you can sue for it in the small claims court.

[gsc-cert]

Hello Raydetinu , Many Thanks for replying.

 

Even if my LL returns all of the deposit, Will I be able to sue my LL for not protecting my deposit at all?

 

Regards.

 

ps: I got mail from all three deposit schemes confirming that not only this year, but even in past my LL never protected the deposit. Although my LL has been telling me every time that he will give me the deposit-id after getting it from his solicitor. I know he is telling lie and is only buying time.

[raydetinu]

yes you can still sue but it will be expensive up front and will be in the county court fast track route.

you will need council and court fees will be in excess of £1K.

You can use that as threat to get deposit back tho, just refer him to localism act.

[mariner51]

Or even Counsel.

Also level of penalty is decided by Judge. min 1x, max 3x

 

It is also poss that deposit may be protected by Insurance-based sheme via Solicitor's business name.

Rather than tracing the actual deposit record, the Localism Act also required LL to provide T with the 'prescribed info' of the scheme used, as an integral part of the deposit protection process. Have you ever received such info? Should be at least several pages long. I believe an example copy can be vieed on DPS website.

 

Also if you sue for non-protection and lose, you will be liable forother side's unlimited Defence costs.

[gsc-cert]

yes you can still sue but it will be expensive up front and will be in the county court fast track route.

you will need council and court fees will be in excess of £1K.

You can use that as threat to get deposit back tho, just refer him to localism act.

 

Hey Raydetinu, Will it be cheaper if I initiate court process before expiry of tenancy? He has not given me the deposit-id despite me having asked so many times? What would be the best course of action for me? Should I first send a formal letter to him asking for deposit-id? I have asked him by email already?

 

If he still does not provide me deposit-id, is there a way I can bring this to the cognizance of court so that he is punished for not following the law. Do I necessarily need to sue him?

Edited November 14, 2012 by ngrv

[mariner51]

see my post #2.

 

SCC costs for return of deposit depend on sum claimed on scale of cherges, but should not include claim for upto 3x compensation.

 

You want to leave 30 Nov and presumably have served required Notice or intend to vacate on/before last day of fixed term? You haven't said how much LL wants to deduct from deposit or keep it all. You have lived there with 4 12 month ASTs and are only concerned about unprotected deposit and compensation now you wish to vacate. I would suggest if LL returns deposit in full, you will not have suffered any loss due to non-protection.

 

He could still try and get a CCJ against you T for damage, based on outdated inventory.

[raydetinu]

You need to ask for deposit return from LL first and get response. ( use above law points as pressure ).

then you have to sue in SCC for return if he will not return it.

he may try to deduct some of it but that will be for the court to decide on whats fair.

[gsc-cert]

Hey, Is it statutorily correct for a fixed term contract to have a clause in its T&C that if two months notice is not given before the end date, then the tenancy will have to be renewed. Aren't T&C supposed to be within the limits of statute.

[raydetinu]

no a fixed term contract, which an AST is, is just that. on the last day it ends, you move out, no notice needs to be given!

if you stay beyond the end date then the contract reverts to a PST ( periodic contract ) then you do have to give one months notice and the LL has to give you two months notice.

[gsc-cert]

Hey Guys look, this is what is mentioned in the annexure on which I have not even signed. Just can you tell me if such a clause is statutorily correct for a fixed term AST agreement.

 

The tenant shall notify the Landlord in writing not less than two calendar months prior to the expiry of the term if Term is not be extended and in the event that the term is not be extended the Tenant shall permit the Landlord or his agents to enter and to view the premises at reasonable times by prior appointment during the last 30 days of the term or any extension thereof. In the event that no notice is given the tenancy shall be renewed.

[raydetinu]

IMO that is not legal, a FIXED term contract is just that a FIXED term contract. No notice required if you leave at the end of the contract.

Also the requirement for LL to enter the premises is a breach of your quiet enjoyment rights and can only be done with your agreement at the time or not at all if you dont want it to happen.

[mariner51]

IMO it is a reasonable Clause included in many ASTs with no legal effect, as neither T nor LL can end T during fixed term without mutual consent. All the clause indicates IMO is that LL will favourably consider a Ts request to surrender before end of fixed term. IMV it also covers LL serving a valid s21 at anytime during fixed term, min expiry 2 months. Since s21 cannot be actioned during fixed term, it is there to be 'equitable'.

 

As raydetinu ssys, T can leave without Notice on last day of FT (contract), but most LLs would appreciate some Notice of Intent to vacate.

 

In business it is called 'stock control'.

[gsc-cert]

I will be pulling my LL to the court for not depositing my money or not providing me deposit-id. How can I press for maximum penalty. Any suggestions. He has not provided deposit-id for last four years. He has not got the annual gas safety check done every year. He pressed me to stay back till December despite the contract ending on 30 Nov. Will any of these points help?

[mariner51]

You cannot press for max penalty, that is Judge's decision.

Staying on past the fixed term end 30 Dec was your decision but Judge should ask LL to prove valid GSC, deposit protection and provision of prescribed info.

[gsc-cert]

But it was the LL who pressed that I need to stay for further quoting T&C, which were prepared by him and which is not a fair T&C, in first place. I succumbed to his pressure and decided to carry on to avoid getting into any legal trouble as I was not sure that time. But anyway, I think I will avoid this point.

 

Given that he did not do it for four years, can I sue for each of the four years separately.

 

Also What do you mean by 'provision of prescribed info' in your post above.

Edited November 20, 2012 by ngrv

[raydetinu]

As in other posts this action for non-protection is quite expensive through the CC multi track system, sa at least 1K plus.

suggest you claim for deposit return only in SC court, as not protected, should be straight forward and get a judgement.