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Hi

 

We moved into property on 19 November and at that time we paid both our months rent in advance and the bond.

 

Since then, we have been asking time and time again if they have protected the bond and also for their bank details so that we can pay them the rent (we get housing benefit but have to pay an excess also). At present the housing benefit is paid fortnightly to me , but the first two weeks were paid by cheque to the landlord.

 

They got in touch today re the bond saying they had asked their bank re Deposit Protection and they had never heard of it! Hmmmm

 

Sent them details of the government website re the scheme and said that it was law to protect the deposit within 30 days.

 

Got reply back saying that they would now prefer to hand us the deposit back and get the rent direct from the council (minus our excess).

 

Where do we stand? Would we need to have a new contract with them?

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yes if conditons cahnged then you would need to change the contract to new terms or modify the existing ( signed by both parties )

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Just looked at my contract and it dioes mention the bond. So they would need to have a new one issued or an addendum signed by both parties. Would we then also need to send this to the council for housing benefit purposes?

 

The worrying thing is they have a few other properties and also have a couple of them up for rent again soon.

 

Has anyone came accross this sort of problem before

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IMO a completely new AST is not required. All that is required is 2 identical letters (receipts) from LL

"Please find enclosed for full repayment of deposit taken in respect of from ". Dated & signed by LL.

Below

" I ackowledge receipt of above cheque for £X as full payment of returned deposit in respect ot the Tenancy of

Dated...... T Sig......... Witness Sig, Name & Address"

You send 1 copy back to LL for his records and keep other for your records.

It would be best if all this was done by 18 Dec and LL may not wish to rely on Xmas mail, so if he lives locally, invite him round by appt, to handover cheque and obtain your signature on any required paperwork.

 

Return of deposit will not affect you HB claim (based on entitlement alone), but LL may want you to confirm in writing that you consent for HB to be paid direct to LL and perhaps a Council DPA consent form so he can discuss status of your claim with HB dept. In return you can request his bank payment details for payment of rent in excess of HB, which will still be payble on due rent date, even if HB is paid fortnightly in arrears. (NB Many LLs with direct HB payments often receive HB after 3-4 wks)

Edited by mariner51

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