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No deposit information provided during 24 month contract.

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382 views 1 replies latest reply: 05 January 2017
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Tenant

My partner and I renting a flat. We signed a 24 month assured shorthold tenancy agreement commencing on 31st August 2014.

We renewed the agreement from 30th August 2016 to 29th August 2017.

 

We paid a deposit of £3550 30th August 2014. The deposit along with 1 month rent were paid to an estate agent, subsequent rent payments were paid direct to landlord. After signing the first agreement all communication was direct with the landlord. The second agreement was provided by estage agent and once signed all communication was direct with the landlord

 

During the first 24 month period we received no information about the deposit, details of the tenancy deposit protection scheme that’s protecting our deposit or a copy of a deposit protection certificate be signed by the landlord.

 

During the second agreement I searched the 3 deposit schemes in November 2016 and was not able to find any matching details, a few days later I received a letter and email from a deposit protections scheme dated 23 November 2016, just short of 3 months into second agreement.

 

The letter contained the following information:

Deposit ID

Rental property address

Name of tenants

Landlord name & address

Start date of tenancy: 01 September 2016

Deposit amount: £3550

Date deposit received: 01 September 2016

 

The email contained the following information:

Rental property address

Deposit ID

Repayment ID

Landlord name of landlord address has secured a deposit of £3,550.00 for rental property address on behalf of Tenants name

Start date of tenancy

Tenancy period.



From what I’ve read online, the landlord has failed to provide certain information within the allocated time frame. Could I expect my deposit to be fully returned with potential compensation?

I would accept a full deposit, however the landlord has been a nightmare to deal with. Basic faults in the property are taking 10+ weeks to be repaired. As a result I would like to pursue compensation if possible.

 

Regards,

Ross



 

 

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Tenant

Hello, 

So, the landlord failed to protect the deposit throughout the first year and only did so on the second agreement. While it sounds bad, it’s really not that bad as ultimately the deposit money is now protected with the scheme and all is fine. 

The compensation is really intended for tenants of rogue landlords who are trying to scam them out of the deposit OR fail to provide an adequate service, while also ignoring their responsibilities. 

To get this compensation, you have to go to court and sue – it’s the only way. You’re likely to succeed in doing so, as the rules are pretty strict, but you will likely get the minimum, which is 1x the deposit money. 

As the real deposit is in the scheme, it will remain there until the end of the tenancy, when it will be accordingly split (if any damage, deductions, due rent are present) or not by the scheme. 

However, you may get more out of NOT suing for compensation that if you DO. As you have problems with the landlord, you may use their failure at the procedure to pressure them into faster repairs, negotiate better terms, AND get your full deposit back once the tenancy ends. That’s all if you plan on staying in the property for longer than your term. Otherwise, maybe the compensation is worth it. 

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