Tenancy deposit not protected

I wouldn't expect a tenant of mine to pay half towards items such as new carpets
We agreed to rent the place with the carpets that were already in place, we just didn't like them as they were red patterned so asked him and we agreed to go halves given we wanted them changing to suit our taste.
 
We agreed to rent the place with the carpets that were already in place, we just didn't like them as they were red patterned so asked him and we agreed to go halves given we wanted them changing to suit our taste.

From everything you've mentioned it sounds like a very fair relationship from both sides, not something that automatically comes to light when bullet points are involved. Again from what you've said I would really doubt you'll have any problems. On a side note, how's everything going, are you starting to get prepared now to move into your home? Packing boxes at the ready :D
 
From everything you've mentioned it sounds like a very fair relationship from both sides, not something that automatically comes to light when bullet points are involved. Again from what you've said I would really doubt you'll have any problems. On a side note, how's everything going, are you starting to get prepared now to move into your home? Packing boxes at the ready :D

It is yes, cannot complain to be honest in the time we've been living here. One of the better landlords we have experienced.

We are prepared yes, packed quite a bit a few weeks back leaving just essential things out. Will become more reality when I start packing away audio speakers, amplifier etc.

She has us out last weekend buying wallpaper, duvet sets and is deciding in paint colours she likes [emoji23]
 
Personally I would try and maintain your good relationship and query this after you move out and get your deposit back. It doesn't matter if you upset him then if you get my drift.
Fully agree with this. Don't give any excuse for them to start nitpicking. End it normally. Get your deposit back then do whatever you want to do.

I have to ask OP, you've lived there all this time. And no when you are leaving about to get the deposit back you are concerned about this. Why now? Why when you are moving out?
 
If the deposit isn't protected then I'm pretty sure they can't withhold any of it, regardless of what state you leave the property?
 
Fully agree with this. Don't give any excuse for them to start nitpicking. End it normally. Get your deposit back then do whatever you want to do.

I have to ask OP, you've lived there all this time. And no when you are leaving about to get the deposit back you are concerned about this. Why now? Why when you are moving out?

It's not just come about now, I've asked the landlord on numerous occasions prior to this and he's always said it will be with the DPS. I took his word for it then started doing the relevant searches this week once we knew we was moving.
 
To follow on, the landlord has stated this morning that he is waiting on the agent to send him proof they transfered the deposit. He suggested not paying rent at beginning on month and he will then send me the deposit minus any rent when we vacate.

He then asked if I would rather pay rent as normal and sort the deposit out after which is what I have agreed to do.
 
Sounds like the landlord has put money in his account earning interest rather than in the dps and is keeping you sweet.

When you vacate take loads of pictures showing the condition, our landlord tried to say we owed 50% for repainting and other stuff, when I sent her the 200+ pictures stating I was not happy and prepared to go to court got my full deposit back
 
Sounds like the landlord has put money in his account earning interest rather than in the dps and is keeping you sweet.

When you vacate take loads of pictures showing the condition, our landlord tried to say we owed 50% for repainting and other stuff, when I sent her the 200+ pictures stating I was not happy and prepared to go to court got my full deposit back

To be fair, how much interest would he have stood to make in those 4 and a bit years versus the potential financial loss if discovered and pursued?

There are all manner of crap, chancer landlords out there but having carefuly read all the info from @JFRTDI, gut instinct tells me his landlord is not one of of them.

I also don't think he will have any problems at all when he leaves.

I also agree with everyone being cautious over the situation and absolutely the sensible thing to do is to be prepared and properly document the condition of the property upon leaving, so not saying be complacent. I just sense a nice happy ending to this one (please don't let me be wrong :D).
 
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After reading a few posts on another forum, they suggest paying all rent due and leaving property how we found it then once you have left and had your deposit returned, you should then seek court action for not protecting the deposit.

In reality, if you have got all your money back would you really go to the faff of seeking court action - what would you be trying to acheive? Punish them for not using the DPS so that others who use them in the future might benefit - all very noble but I can't say I could be that bothered.

Cheers,

Nigel
 
Example,



Hi xxxxx

This is fine however as you are aware that deposit should of been protected with a tenancy deposit protection scheme within 30 days of receiving it and I should of been provided with this information otherwise tenancy deposit protection rules have been broken.

Change it to should have. Should of isn't correct English so you definitely don't want it on a complaining letter.

The question I have is if you get the deposit back, why does it matter?
 
In reality, if you have got all your money back would you really go to the faff of seeking court action - what would you be trying to acheive? Punish them for not using the DPS so that others who use them in the future might benefit - all very noble but I can't say I could be that bothered.

Cheers,

Nigel

If I get it all back then I'll leave it at that, I have no reason to take court action if this happens. I'm not going to punish him for not putting it in a scheme, I was saying some people have done this, I however wouldn't as I've stated all along, as a landlord i can't complain, I have a feeling the letting agents are the ones who messed up re the deposit.
 
Change it to should have. Should of isn't correct English so you definitely don't want it on a complaining letter.

The question I have is if you get the deposit back, why does it matter?
It doesn't matter [emoji5]️ it's all what if's.

Hopefully I'll get my deposit back in full and he can find new tenants as soon as possible.
 
I had a tenant who skipped the last months rent saying we could keep the deposit, obviously it doesn't work like that.

The estate agents, who we no longer use, said we had to write out an application to claim against the deposit, plus evidence of any damage and theft etc, and that it could take weeks to sort.

The minute I asked about which deposit protection scheme it was with they went very quiet and had every penny I was owed ready that afternoon.

I suspect they were terrified of being rumbled
 
Landlordzone.co.uk is very helpful
Was deposit scheme around in 2003?
Not sure it was
 
Ohh 2013 it was! They can get massive fine if not lodged correctly
 
It doesn't matter [emoji5]️ it's all what if's.

Hopefully I'll get my deposit back in full and he can find new tenants as soon as possible.

If he hasn't protected your deposit he can't withhold any of it for any reason. If he tries to wothhold / charge you for anything whatsoever just remind him of this fact and tell him you would very happy to go go court where the judge could award you up 3 time the deposit + your costs.
 
With a lot of landlords when someone moves out they lose income so they tend to do anything to keep the deposit unfortunately...
 

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