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Tenancy deposit scheme / tenancy began 1994


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As above, I have privately rented the same flat for 26 years as of last month but may be moving out soon due to caring obligations. Simple query, should my landlord  have put my deposit into a deposit protection scheme or is it not relevant for such an old tenancy? 

 

 

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Hi

This link explains it better:

https://www.gov.uk/tenancy-deposit-protection

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I've only ever had the original 1994 agreement,

the flats now have new owners and new letting agents,

and I know the hand over between the agents was very belligerent with very little or no records provided to the new agents,

 

they had no idea how long I had lived here until I told them,

and I suspect they do not have a copy of my tenancy agreement (I have a copy and all the relevant receipts)

 

They have no records of past repairs carried out or anything like that.

They weren't even aware that it was rented unfurnished and everything inside the flat is my property.

 

The new agents were just given a huge bag of keys with no indication of which flats they matched.

 

I don't really have an axe to grind here, it's just that when the possibility of moving out arose and I did some reading up I began wondering where things stood.

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2 hours ago, firstship said:

what type of tenancy agreement do you have now?

FS

 

The tennat moved in 1994 and No section 20 notice was served at the start of the tennacy saying you have a AST.

 

Raven1 has a Assued "secure" Tenancy

 

And its still NO to Raven1 1st  question ....

Please use the quote system, So everyone will know what your referring too, thank you ...

 

 

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45002, I understand section 20, unfortunately in some respects it is a pity Raven1 has had a crap Landlord although he has managed to live in the same place of residents since 1994.

 

I am in a similar situation I have lived in the same property since 1997 in a cottage on a Landed Rural Estate, with a good Landlord, my deposit which was one and a half times the first months rent, was held by the Estate Management Company and in 2005 was transferred to a TDP scheme and the deposit has always attracted interest.

 

I had an AST 6 months in 1997 and it was never  renewed, until 2/3 years ago but that is another story.Are you saying if a AST is not renewed it reverts to an Assured secure tenancy??

 

FS

Edited by firstship
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firstship.

 

Do you have the exact date you 1st moved in ?

 

Raven 1 is Pre 2007 legislation and depoist would not coved by that act of parliament, IMHO.

 

Assured Tenancy. AT.

http://england.shelter.org.uk/get_advice/private_renting/private_renting_agreements/assured_tenancies

If you moved in between 15 January 1989 and 27 February 1997 and your landlord did not give you a notice (section 20) saying that you have an assured shorthold tenancy

About 3/4 down this page http://www.legislation.gov.uk/uksi/1988/2203/schedules/made


FORM No. 7
Housing Act 1988 section 20 Notice of an Assured Shorthold Tenancy.

 

Then it would be a Assured Tenancy.

If one of theses notices was served on tenant when the tenancy 1st started and LL would have to prove this in court, Its a AST and LL can use a s21 notice

http://www.legislation.gov.uk/ukpga/1988/50/section/20


1988 Housing act
Section 20
(2)
(b) is served before the assured tenancy is entered into.

 

If a LL gets a Assured Tenant to sign a AST, Signing a AST does not take way the rights of AT.

Read case law Kahlon v Isherwood.

http://www.bailii.org/ew/cases/EWCA/Civ/2011/602.html
 

Please use the quote system, So everyone will know what your referring too, thank you ...

 

 

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Two links in the above post are redirecting wrongly to CAG !

 

Where it says

 

About 3/4 down this page, try this url https://tinyurl.com/tgo5gy3   will take you to Government website.

 

and next url for Section 20 notice, try this url https://tinyurl.com/vwvvjzs   will take you to Government website.

 

Hope you understand....

Edited by 45002
url

Please use the quote system, So everyone will know what your referring too, thank you ...

 

 

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10 minutes ago, firstship said:

Moved in June 1997 AST 6 months, we have had previous discussions on this under my heading "Rent in Advance" to which you replied

FS

Cant remember previous discussions unless you post a link

 

You have a Assued shorthold tenancy https://england.shelter.org.uk/housing_advice/private_renting/assured_shorthold_tenancies_with_private_landlords

 

and Not a Assued tenancy.

 

You moved in Pre 2007 legislation and depoist would not coved by that act of parliament, IMHO.

 

 

Edited by 45002
url

Please use the quote system, So everyone will know what your referring too, thank you ...

 

 

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Can I just point out this is Raven1 Topic.

 

fistship if you wish advice do not ask on Raven1 Topic start your own Topic for advice

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I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

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On 05/03/2020 at 01:18, stu007 said:

Can I just point out this is Raven1 Topic.

 

fistship if you wish advice do not ask on Raven1 Topic start your own Topic for advice

 

Stu007

 

Could I ask you why two URL in post  #9 to UK Government website redirect back to CAG, really annoying !!!!!

 

I had to post again in post #10 using tinyurl to get to the correct website.

 

Look forward to hearing from you, Thank you in advance.

 

,,,

Edited by 45002

Please use the quote system, So everyone will know what your referring too, thank you ...

 

 

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Hi

 

@45002 thanks for pointing those issues out with the links in post#9

 

I have checked them and you are correct some were redirecting back to CAG.

 

I have now checked and edited so that they should now be working if not please let me know

How to Upload Documents/Images on CAG - **INSTRUCTIONS CLICK HERE**

FORUM RULES - Please ensure to read these before posting **FORUM RULES CLICK HERE**

I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

Please Donate button to the Consumer Action Group

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