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Unprotected deposit

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51 views 1 replies latest reply: 14 November 2016
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Tenant

Hi, 

ive been in my current property for about 2 years. Anyway the tenancy ended in August the landlord never got in touch to arrange signing a new tenancy. I received a letter from the DPS saying my deposit was no longer secured from the 28th of August 2016. So my deposit hasn’t been protected for aprx 3 months. Where do I stand with this since there is no longer a fixed tenancy in place does the deposit still need to be secured? Also I am 10 days late with my rent as I have gone onto mat leave and work had messed up my wage the rent will be paid in 4 days so that will be up to date but is there anyway the landlord can try and evict due to the rent being late and where would I stand with this? I have carried out numerous repairs in his property at a cost to myself as he was unwilling to do them now he is pestering for the rent when he has my unprotected deposit there? Many thanks 

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Tenant

The deposit needs to be protected regardless of the fixed term. Demand that your landlord protects your money or threaten them with legal action. The court can make the landlord pay between 1 and 3 times the deposit amount as compensation to YOU, as well as require the landlord to protect the original deposit in a scheme.

Here is more info:

http://www.thetenantsvoice.co.uk/advice_from_us/deposit-protection-schemes/

http://www.thetenantsvoice.co.uk/advice_from_us/deposit-disputes-3/

As far as the rent, the landlord can’t do anything about it if it’s your first time. The law permits them to evict you if you haven’t paid rent in two months, but for 10 days they can’t really do anything. 

Especially if it’s not your fault. 

In any case, you can shut your landlord up point out to the unprotected deposit. However, make arrangements to pay the rent ASAP, as paying late for a lot of consecutive months may also be a preposition for the landlord to evict you.

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