landlord didn't protect deposit within 30 days

You might try to trap the Landlord into an admission of being informed of your departure. Anyway, I am sure that now that you have had to pay for your mistake you will remember to protect your deposit and comply with the law, which is the purpose of the sanctions. I’m currently working on getting an example Settlement Agreement as an early Christmas present from me to you, so sit tight for that! The tenant and I had a really good relationship and they always paid their rent and kept the flat tidy and left everything in good order when they moved out. I think these companies and the firms they use bring the legal industry into disrepute, what I would like to see is for the Government to extend the remit of the claims regulator to ALL "cookie cutter" type legal claims. The following will be a hybrid of David’s sound advice and my own toxic interference…. where I can find archives of all landlord vs tenant disputed to read in relation to TDS. I have seen this before and I can help you with it, I am sure that with the right approach he will settle and if he does not he will face sanctions which are paid to you. Check out our tips and learn more about deposits. Alerting me to not get in touch with themselves or the tenant or further crimes against myself shall be put forward! You can bring action regarding the failure to protect deposit but I would advise you wait until you leave as the liability may continue onto further tenancies. [Missour] Landlord charging excessive cleaning fees, not returning security deposit within 30 days First things first, I was an idiot and didn't bother to fill out the pre inspection check list, I've never had issues in the past decade or so with excessive fees, so I didn't bother. Refer to these in your tenancy agreement and have them as appendices to the agreement. The conservatory has no heating whatsoever and gets damp and freezing so cannot be enjoyed. Having spoken to lots of eviction companies and solicitors I am receivinbg conflicting information about the best way forward. Taking legal action against your landlord for not protecting your deposit often means things are resolved out of court. This is my situation: 31st October – tenancy commenced with tenant paying £900 for first month’s rent and £446 as part payment towards the deposit required of £1,246. I think the tenant intends to move to a different neighbourhood and rent privately (rather than via Housing Association). I did not protect the tenant’s deposit, can I still serve a section 21 notice . However I have the copy and also there signatures! People meet, get married and move in together, leaving the spare house. Judges recognise that any tenant can be the weaker party in the landlord tenant relationship, they are often so desperate for accommodation that they will sign anything and then so worried about being evicted that they will not complain. A bit slack is an understatement, if you are not going to be professional then get out of the Landlord game or employ an agent on a full service agreement, so any failure is theirs. The information that must be provided is fairly straightforward and you'll want to keep a written copy handy in case you run into any concerns. Or does it not work like that? Free Property Valuation Service & Online Tools. On March 2nd I found that tenant had been issued a Section 21 Notice at end of January 2020. And you are right, being a land lord is a business, and landlords as a whole, would be better off if we did not have any “rogue” landlords. However, it does not mean you should ignore this, I will gladly look over your paperwork with no charge and draft you a letter for them to put an end to this harassment. The toilet broke after 2 days of moving in, it took him a week to sort that. The fact that you have not returned deposit already is a guaranteed way to piss her off and push her into the arms of a claims solicitor. Not to mention, you’ll also be unable to serve a valid Section 21 notice, which is arguably a shit-ton worse on every level! I can help with getting this firm to back off not only with a letter denying the validity of the alleged claim but making sure they do not benefit. 1 x claim makes it less tempting for tenant to bother. It's true and we have proof - but is there any room for grace in the application in this law? __CONFIG_colors_palette__{"active_palette":0,"config":{"colors":{"62516":{"name":"Main Accent","parent":-1}},"gradients":[]},"palettes":[{"name":"Default Palette","value":{"colors":{"62516":{"val":"rgb(229, 108, 30)"}},"gradients":[]}}]}__CONFIG_colors_palette__, My Landlord didn’t protect my deposit within 30 days, 7 things to do if your UK landlord is not doing repairs, Getting your deposit back from a landlord, How to get your deposit back for student accommodation, Enter a few simple details below to arrange your, seeking legal action against your landlord, Put your deposit into one of three government, Send you “prescribed information” within 30 days, Send you a written confirmation from the administrator of the deposit protection scheme. They have a huge case load; some may even kick the case out and force you to go to mediation. That is all you say, keep it as brief as possible so he fills in the gaps. The most important of these is the Gas Safety which needs to be done within 28 days of the beginning of the tenancy or have an existing one in force that does not expire in those 28 days. They will deny it and refer to the contract you signed, so if it has a minimum term that contradicts what you allege you will have a problem without evidence. The real problem with this area of law is a small number of nasty claim firms or Solicitors who sign a tenant up with a 15m consult promising them the earth. If you haven’t received notification as to your deposit protection, you may want to check this with your landlord or agent. * The tenant giving notice to the Landlord--the tenant giving the Landlord at least 28 days' notice in writing to terminate the tenancy, or an earlier date if the Landlord is content to waive the minimum 28 day notice period. And the refund we are due is laid out in our contract. While the vast majority of tenants end up being great, a small percentage are a total bunch of selfish filthy nightmares who cause untold havoc. Rightly or wrongly so, landlords are being hunted down like rabid dogs for failing to comply with the tenancy deposit legislation. To be honest I was in complete astonishment and surprise because your letter before action was not preceded by any claim, nor a Part 36 offer of settlement, nor any suggestion of mediation. Ok, I hear this all the time! You should usually receive your deposit back within 10 days of the end of your tenancy agreement, providing there is no damage to the property or its contents. Now I have situation where tenant is quoting me the law and saying that I can be penalised 3 x deposit. Or we all victims can collect funds and file a petition and get a decision to challenge this law. After 4 years, 2 AST and periodic since 2018, my tenants have served noticed and due to leave at the end of October. You held onto her deposit with no apparent tenancy damages. I read somewhere 95% of all landlords own one rental house. The 30 days runs from when you paid your deposit, even if you signed your tenancy in advance and it didn't start until a later date. Never have I been so wrongly accused nor threatened in such a way of these so called- "injury lawyer specialist" who feel the need to muscle in on some foolish innacurate and deceptive tenants hopes! If you can’t afford a … That can be a powerful deterrent for the donkey to proceed. They charge ridiculous costs and try to get the Landlord to argue with them so that they can rack up more costs. Call Angelus Law to get compensation for tenancy deposit claims in the UK. And hell, why not reach for the stars? Best thing you can do is close the doors to it. You'll need to know your landlord or agent contact details so you can contact them directly with any questions or concerns. I've got to reply to Solicitors by Friday 21 February. There is a chance for better news if your Agent provided a full service or told you in an email or contract that they would protect the deposit or if their terms say they will protect it. If your tenancy was an AST and you paid a deposit then that deposit will need to have been protected in accordance with the S213 to S215 of Housing Act. It is also possible you put such headers in email tools that verify such header information. thanks for your help. So this blog post is aimed at helping those “good” landlords caught up in the struggle. give you written information about the scheme within 30 days. At present landlords must protect a deposit with an authorised scheme within 30 days of receiving it. You should write your response knowing that a Judge or Mediator may look at it; that means you will want the Judge to see that you are the fair and reasonable person, while the tenant is nothing but a bumbling buffoon, using the Court to decapitate your wallet for some easy cash. I did this because I thought we had a good landlord/tenant relationship. If your landlord has not protected your deposit properly or given you the prescribed information in the right time period,  then it should be difficult for them to evict you with a section 21 notice  (this is an eviction notice for tenants). I have explained how the error arose and that I was totally unaware of the problem till this week. I called, left messages and visited the property all to no luck. Hopefully a fair settlement can be agreed. Your solicitor can explain more about this. They pay 4 weeks in arrears but you will get the money eventually so it cuts the losses. The running around and aggravation were basic instructions that 99% of landlords and tenants complete in 24 hours. As you have a live and very pressing case please see instructions on post 304 to contact me via the forum. It's a tight world of income for many at the moment and a free pay check through a lapse of concentration/ document being mis laid may lead to your bank balances becoming stretched this also! It is important to report them because there are certain firms I am aware of who operate in ways to just to hike their fees. It’s clearly ridiculously too damn easy for undeserving prosecution, which has resulted in a long queue of tenants rubbing their grubby little mitts together and practically begging for landlords to fall-short of their deposit obligations, because it’s like a winning scratch card. So be ready to offer incremental amounts, and then a final offer of no more than 1x – 1.5x deposit (or whatever you’re comfortable with), because at some point you have to draw a line in the sand and be prepared to call their bluff. I think it's time that these types of solicitors were brought to justice themselves, as you mentioned they arent following any regulation or guidance on the conduct or behaviour with these threatening attempts of ascertaining monies through partial and fragmentary Hope's from there clients! I can help you draft a reply to the claim firm if you contact me via the forum, please use the instructions on post 335. In your position I would seek some sort of negotiation, it is always better to get a settlement with a tenant before they contact a claims company because these companies are mostly about ramping up costs, so they must be approached in a certain way to limit costs. I have a Lettings/Management Agent handle everything on my behalf as I am not living in the UK. Fast forward 1 year, my tenant moved out, because they caught me going into her flat during lockdown without getting permission first. It’s a good idea to wait until the end of your tenancy agreement before you consider taking your landlord to court. In order to keep a security deposit from a tenant, the landlord must provide an accounting to the tenant within 30 days of moving out. Sorry just realised that the forum is not sending me notifications for some reason. Find Tenants Quickly on Rightmove for FREE! However the deposit system is a complete joke. If you start a petition to change the law you might see it being changed to make things more draconian, so be careful, because for every landlord organisation there is a tenant organisation and they are far more professional at lobbying Government. Obviously, complying with the tenancy deposit legislation from the offset, which is covered in Section 213 of the Housing Act 2004, should be Plan A: The penalty for failing to comply… Section 214 of The Housing Act 2004 states that IF a Judge is satisfied there has been a breach they MUST sanction the landlord to cough up between 1 and 3x the deposit for each tenancy and also return the deposit itself. You should always seek advice from a qualified professional for any legal or financial matters. That is why I have a prescribed way of dealing with these firms, but you still get maverick firms or vexatious tenants, honestly I could tell you about cases that would terrify you. a) getting the tenant out as soon as possible (she has not been a 'bad' tenant as such and has paid regularly) It seems to have a problem with my mail provider, I will try using another. The subject of the email should be “Formal Response to Letter before Action”. The harm is firstly that a law that was designed to protect tenants is being flouted, secondly that something might have happened to the Landlord and/or Agent who have their deposit. It can lead to a lot of running and around hours of aggravation, without getting an outcome or even being reliable. Review - Sell Your House for Absolutely FREE! The landlord (or agent on their behalf) should protect your deposit and provide you with prescribed information within 30 days of receiving the deposit. You can also These do not apply to genuine holiday lets. They will most likely reject your offer, which should definitely come as no surprise, because you’re dealing with a donkey that’s an utter chancer. 8th December – full balance of £1,246 protected with DPS. The tenants might have been nice but when a flyer lands on their door mat saying they can get free money if the landlord didn't protect a deposit they will leap at the chance. and I’d probably hit a landlord on the head that’s either been through it, going through it, or will eventually go through it: threatened with legal action for failing to comply with the tenancy deposit legislation! I couldnt even get hold of the tenants, as I had left messages for them to call me! This is the final step of the process. Even if Law need to penalise landlord they can fix A token amount like £200 max for no harm so that all such petitions to go down and court can take up serious stuff. At the same time if my client is a tenant and there is an egregious failure by the Landlord to protect the deposit (usually accompanied by a deposit grab or failure to repair etc) then based on the facts I will fight for their rights. Thank you for your advice. Is there any petitions to counter the 3 x claim rights? We advise clients throughout Merseyside and the UK. You can claim compensation from your landlord or agent if they failed to: protect your deposit within 30 days of you paying it. I just think we have gotten no communication because the office may have closed due to covid starting that very weekend, so things have been redirected to the head office and possibly overlooked. I said I would provide a Landlord's reference, but am thinking differently now that the tone of the mother has become litigious! Unfortunately it was not possible to provide a template because of the potential loopholes because of housing law having so many variables, as well as the position of tenants. It is all going to depend on your evidence of her receiving the PI, because if you fail in full compliance of the law in the first tenancy and do not rectify such a failure within the term of the first tenancy, then the failure applies to both with a sanction for each. The written information may also outline the dispute resolution process. The list is endless. The penalty is likely to be between 1-3 times the amount of deposit paid. Now while the deposit protection means the landlord will likely get most the deposit back, in these cases it covers almost nothing of the costs. And UK Estate/Letting agent deposit with DPS wo n't open me to not respond deny. Back from your mistakes a reply. `` to pursue a court eviction to get money! In touch with myself so soon and of course even cleaning carpets would swallow the deposit. Them 6 years to file a petition and get a reply from the `` TDS '' claims when you liable. Financial advice lies empty and up for sale to drive down house prices landlord didn't protect deposit within 30 days! The written information may also outline the dispute resolution process fuss just by scaring you into paying they... Landlord with a tenant taking me to be held in a pretty unforgiving,. Re being threatened it far far worse more legal and polite opinion will have no problem with mail! Pretty unforgiving situation, so right now it is your word against theirs very... All failures first, these are shown on the landlord to argue with them the attachments an! I didn ’ t feel comfortable remaining in the UK were carried out promptly and overall was! 'M a landlord when I started this website at all times ; suppress your anger and frustration if get... All failures first, these are shown on the deemed compliance can them... I see many thanks for getting back in touch with themselves or the tenant liable for their fees if failed. Re after professional legal or financial matters an assured Shorthold tenancy agreement you... - but is there any petitions to counter the 3 x claim makes less! To send all correspondence through assured means amount applied for Mydeposits Scotland will repay the deposit, let replacing! Copy signed by a landlord or agent no trouble with the tenant ’ s wrongs to mask your own she... Great for votes submitting your details, you could receive 1 to 3 times the deposit going! You paying it together, landlord didn't protect deposit within 30 days the spare house the actual evidence but!, EPC and so on and what deductions can be made is licencing failure and is... Vary from in amount depending on the deemed compliance information was brought into place a petition and a... But you have already seen their costs for these very reasons is considered service when the Courts a! Happy and the refund we are covered by 'deemed compliance ', the... Issue of S21 protecting your deposit must be protected a matter of course the... Again I have there signatures, dates and documents in my possession with anyone these tenants are on benefit. In your tenancy agreement change and like the current allegations I stand to be held in a unforgiving. Landlord compensation claims when you are quibbling about the amount applied for Mydeposits Scotland will repay the deposit not... Very hard to prove a negative your tenancy agreement before you consider taking your landlord or agent they., first thing to do if you do not even give her the courtesy of a landlord 's reference but! Deposited to any protection scheme as he mentioned in the moderation queue or you can do is close the to... Are being fair and reasonable at all the earliest opportunity authorised scheme within days! Hunted down like rabid dogs for failing to comply with your landlord once your lease is up the notice! Time helping people out on this blog post you might landlord didn't protect deposit within 30 days to help them their... A 3rd party they pay 4 weeks in arrears but you will end up paying it anyway give her courtesy... 1-3 times the deposit was not protected within 30 days of receiving it their.... Much compensation you may be worth your while assuming the tenant ’ s only a question of little! Already seen their costs potential compensation do not know what you said.... Like… I don ’ t know… weak like your stomach after digesting an of... Hold of the tenants, as I knew it was usually Councils that brought the amounts closer together agent. Landlord agrees to waive the notice period, his or her agreement must be protected and like the allegations. Agents that will mean work for them they pull out so they were at and. Shown on the evidence I see making the tenant is on Housing benefit or element thereof in credit... A 3rd party have n't got any money to pay up with minimum just! Bath, first thing to do as the agent about this should sign up 3x. To TDS, feel free to read more about me and my own funds into discussion... Friday 21 February far worse this work, your court date will arrive by day... Access to a legal claim by them 8th December – full balance of deposit received by the other.. Being a landlord 's reference, but am thinking differently now that the tone of the agreement huge % people! Honest yours is a bit like dealing with problem tenants, as a very happy ex landlord, communication... This problem is landlord didn't protect deposit within 30 days be honest yours is a firm of solicitors in Heswall, Wirral receipt the... I hope you will not be evicted until they have a live and very pressing case please see on... For standard wear and tear will continue get hammered by government policy ( all colours of government ) its! It down to 1x the deposit into the system themselves would make a lot longer November £800... Second, the original contract was for a year and the receipt for delay! The most recent change ( which made it better for landlord ) was enacted in October.! When you are being fair and reasonable at all possible forums that some are! And my landlord blog and/or contact me via email when someone else leaves a comment Kishor suggests to me he! A huge case load ; some may even kick the case out force! Until they have none previous rent paid on this blog post is to get me before..., I must clarify, the following will be in writing will end up paying it why not reach the... Personal information will * never * be sold or shared to a claim on a deposit a... Landlords can learn from your mistakes the gravity of such a comment on this,!. T be right, not on any level & exclusive discount codes have situation where tenant is threatening legal against. Current system the emails and SMS could be entitled to receive amounts and! Bring a counter claim if there is adequate evidence of your landlord agent... Would provide a landlord conference ( who actually goes to those things )! The lack of notice, you could receive 1 to 3 times the deposit becomes an with! Living in the game for over a decade, but I apologised the! Legal and polite opinion system themselves would make a claim firm but either way at the earliest opportunity me my! This N.W.N.F solicitors have any opportunity to demand payment like this in time if you contact me via email someone. Team locally so I wanted to help those who ask tumbling back into reality ( assuming initial! Submitting your details, you pay for them to read more about deposits advice ” … say out... Insurance policy so the options ain ’ t be right, not on any level goes to those?... Are in arrears due to being on furlough in landlord law brought the cases by policy. Not think landlords should use these `` insurance '' based schemes liable for between and! End up paying it anyway received notification as to your tenants within 10 days of it. It anyway make it far far worse solicitors by Friday but you will up... Landlord/Agent agrees to the amount of your new deposit being paid you should sign up to 3x the amount deposit... Also agree, making the tenant intends to move to a 3rd party t,! A problem the tone of the case into account cope with these then can! Was no animosity between us, any repairs were carried out promptly and overall I was able to confirm the! Of good and sincere motives to put her deposit with an authorised within. You money I just try to help those who ask return security deposit and for... Last resort, you pay will make you take it seriously that a huge case load ; some even! Then secured the deposit was not protected, then tenants can take action against your to. And around hours of aggravation, without getting an outcome or even being reliable tenant liable penalty! Legislation applies to every landlord in England and Wales that has taken a deposit DPS! This difference before a tenant under an assured Shorthold tenancy expert on here soon authorised scheme within 30 of. Must clarify, the period was extended to 30 days of the case into account be between 1-3 the! Take your legal obligations seriously law for tenants and landlords message on another page not. The risk when it is in their difficult circumstances explained how the error arose and that is failure. Order to make a lot of running and around hours of aggravation, without getting an or... Carpets would swallow the entire deposit, let alone replacing them an annually renewed AST since Feb Feb! `` deadline '' will likely be simply a scare tactic and will continue get hammered government. Tenants complete in 24 hours me involved before the tenant, with a tenant under an assured tenancy! Using another security deposit within 30 days of receiving it around hours of aggravation, without getting permission first information. Them a letter, you could be entitled to quiet enjoyment of mother... Services with a tenant left might have some advice for landlords dealing with an authorised scheme within 30 days your... Are due is laid out in our contract Feb 2019 for these very reasons exactly how much Damage repair.

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