Take legal actions on landlord during continuation of tenancy for deposit protection

[balikavadhu]

Hi,

 

I am renting a flat under Assured Shorthold Tenancy Agreement. I am not sure my deposit is protected by the landlord. I asked my agent for the same but got no response. I read some where that I can take the landlord to the court. I would like to know whether it is possible to file a case in the court while my tenancy has not ended yet?

 

Thanks

[Steve__M]

The landlord have 30 days from receipt of deposit to

 

a) protect the deposit in one of the schemes.

b) Send you "prescribed information" - information that says where the deposit is protected and what the terms of the scheme are.

 

Shelter have advice as to how to determine whether your deposit is protected.

 

http://england.shelter.org.uk/get_advice/tenancy_deposits/tenancy_deposit_protection_schemes/deposit_protection_and_tenancy_deposit_schemes

 

Yes you can submit a court claim at any time.

 

You cannot be evicted via the Section 21 procedure till the deposit is protected, but should you submit a claim it seems likely that the LL or agent will protect the deposit and start eviction proceedings as soon as your fixed term has ended, though protecting the deposit late should not protect them from your case.