I will be attending an accelerated possession Court hearing after filing a defence regarding the deposit.
My landlord failed to update the deposit protection when a joint AST I was part of ended and my sole AST began – the deposit protection certificate I have is for the former joint AST.
My question is regarding the deposit itself – would it be deemed ‘received’ for the sole tenancy ?
My fear is the landlord may now turn round and claim he never took it for my sole tenancy. The agent told me at the time that as I was the Lead Tenant under the joint AST nothing need be done about the protection – it could just roll over. My ex was happy for the deposit to be held for my sole tenancy. I now understand the importance of re-protection if a new AST arises – the certificate must match the ‘tenant’ details.
Every fixed term AST I have signed states that the deposit is ‘Already Paid’. There have been five subsequent terms. I no longer have a receipt for the deposit paid under the joint AST so would the fact that it states ‘Already Paid’ be enough proof ? A covering letter from the agent stating that ‘my’ deposit continued to be held with the same scheme accompanied every new AST agreement. However, the scheme itself still has the deposit registered for the joint AST – they have no record of a deposit protected for my sole tenancy.
On the claim form the landlord states a deposit has been protected but the paperwork submitted is for the joint AST.
Could he now – to save himself from a penalty – claim he never meant for the deposit to be taken for my tenancy which could even mean the Section 21 is valid?
How will the judge see this matter at the hearing ? Will the possession be granted ?