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Deposit not protected

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230 views 1 replies latest reply: 17 March 2017
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Tenant

Hi, I signed up hoping someone could give some advice regarding my situation. I’m aware of the law around protection of tenancy deposits but it’s a slightly weird case.

I had a tenancy that started in 2012 for which I paid a deposit, the deposit was registered with a scheme but under the name of another tenant. I have email confirmation from them that they received the deposit from my account. Subsequently the other tenant left and I have since signed entirely new AST agreements with only myself as tenant (two completely new tenancy agreements since 2014). There appears to be no deposit registered in my name covering any of the subsequent tenancy agreements, I have confirmed this with the scheme and was advised that the landlord should have repaid the deposit and registered a new one with each new tenancy agreement; fairly sure they didn’t do this to avoid costs as they are massive cheapskates, the house was full of badly bodged attempts at diy repair. As it stands, as the original deposit is not registered in my name I can’t initiate the repayment process or make use of the dispute resolution service. I ended the most recent tenancy in January, the landlord is refusing to return my deposit. Do I have a case to take legal action to force the landlord to pay back my deposit? Any advice on why to do is massively appreciated.

Cheers

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Tenant

Hello, 

When a tenancy is renewed and especially when the tenant’s names change on the tenancy agreement, just as they have in your situation, the landlord is required to return the deposit, take a new one and re-protect it, as well as serve a new information pack. 

If you can contact the tenant who’s name is in the deposit scheme, can they start the return procedure for you ? I’m sure they wouldn’t mind as it doesn’t cost them anything. 

Other than that, the landlord is bound by strict rules regarding deposit protection. If they have not properly protected your deposit within 30 days of receiving and issue the right information pack, they are liable to pay you compensation up to 3 times the deposit. 

Of course, the above you need to claim and prove in court, but that is fairly easy. Because your name was never in the scheme, the landlord has effectively not protected your deposit (at least not properly.) 

If you can prove they took money from you, by showing a receipt, you can use this to claim compensation from the landlord. 

HOWEVER, 

Because this will be a longer and somewhat frustrating process, you should probably draft a claim and just send a copy to the landlord telling them to either give the money back or you file this in the small claims courts tomorrow. With some proper leveraging, you might be able to walk away with your money and not go to court. 

Please check our some of our free PDF guides that provide more in-depth information on the above:

http://www.thetenantsvoice.co.uk/letter-templates/request-tenancy-deposit-protection

http://www.thetenantsvoice.co.uk/letter-templates/request-deposit-back-negotiate-disputes

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