Deposit not protected

[clemma]

Hi all.

 

Ok, so I know the law surrounding deposits so I'm 100% sure my landlord is in the wrong.

 

We paid a deposit of £400 on the 28th June 2019. We have had no notification  of the deposit being protected and a quick check of the main three shows it's not with them (not sure if there are others I can check). We paid the deposit to the letting agent but, in the tenancy agreement, it states that the deposit is handed to the landlord who has been informed that he must protect it. Now, I'm not about to go diving in demanding compensation or start court action yet. At the moment, the fact we didn't get the prescribed terms within 30 days is enough to stop a Section 21 eviction should he wish to get us out for whatever reason.

 

Bit of backstory I suppose. The landlord failed to make good repairs before we moved in. There was rubbish from the previous tenant and no cleaning had been done either. The repairs are still all outstanding - this includes a broken hob, broken internal doors, broken kitchen units amongst other things. He has also failed to ensure there is a CP12 gas safety certificate and there are no smoke alarms and, despite me telling the letting agent repeatedly, this is also still outstanding (another reason a Section 21 can't be done). It's a managed property so I can't contact the landlord direct. I'm going to say he's a bit of a rogue landlord - our neighbour has the same issues (same landlord, same letting agent) so I'm pre-planning.

 

Anyway, best get to my point. If, and when, we decide to take this further (I'm waiting to see if he becomes a model landlord first...) and we end up having to take this to court - if the judge awards to us could the landlord then use a Section 21 as "revenge eviction" or, does the fact he didn't protect the deposit preclude him from this? To be honest, it's something I may not do until we want to move (not that we have a break clause in the tenancy so are stuck until June 2020 ) as I'm as sure as I can be that he won't pay it back. His issue is - I'm not an idiot and I know what his responsibilities are. I'm just trying to weigh up all the options.

 

Thanks for reading

[king12345]

He can't serve you a sec 21 notice if the deposit is not protected. 

So he would need to return it to you, provide all documentation required including the ever so useful energy certificate and then serve a sec 21 notice.

Long winded process for him and you can still claim 3 times the deposit for non protection. 

[clemma]

I haven't got an energy certificate either. Nor did I get that guide to renting leaflet/booklet. 

 

I know he can't serve one now but wasn't sure he could afterwards as "revenge" and just wanted to check. I think I'm going to wait it out until we leave next year then hit him with the claim. At that point he can't protect the deposit to get out of court action Thank you.

 

Usually I wouldn't contemplate this at all, but so far he is showing himself to be a landlord that won't do repairs never mind a gas safety check. And I'm annoyed.

Edited August 10, 2019 by clemma

[king12345]

He will probably sue the estate agent as they didn't advise him about the deposit as they're supposed to.

[clemma]

1 hour ago, king12345 said:

He will probably sue the estate agent as they didn't advise him about the deposit as they're supposed to.

They did. It's all in the tenancy agreement. Says something like "the deposit has been transferred to the Landlord as requested. He has been advised to protect the deposit..." etc. Plus being a Landlord is his job. He has a huge portfolio of properties.

[king12345]

So the estate agent have done their bits.

Does the TA says who to contact for repairs?

If it is the estate agent, you should get calling every hour for an update and if they're one of the major agents, contact the head office with the same frequency. 

With regards to smoke alarms, i'm not familiar with latest regs, but some properties up to a few years ago wouldn't need one.

If you have a flat, definitely they need to be installed. 

Check it.

[clemma]

1 hour ago, king12345 said:

So the estate agent have done their bits.

Does the TA says who to contact for repairs?

If it is the estate agent, you should get calling every hour for an update and if they're one of the major agents, contact the head office with the same frequency. 

With regards to smoke alarms, i'm not familiar with latest regs, but some properties up to a few years ago wouldn't need one.

If you have a flat, definitely they need to be installed. 

Check it.

For repairs I have to email the letting agent just to let them know what needs doing and that's it. They have no further involvement. I've then got to contact the handyman directly and let him know and it is he that speaks to the landlord to get permission. I call or text him nearly everyday tbh. It's not a national company, just a local business. As for smoke alarms, they need to be fitted on every floor - a fireman told me when they came to my old house to see if I had smoke alarms (which I did) as they were fitting them for free. It possibly isn't retrospective though so older tenancies may not require them 

 

It's all a bit of a mess around and I'm thoroughly fed up. I know what's what now though so I'm just going to sit on it until we want to leave and then give him a chance to settle it without court. Unlikely, but we shall see. I'll probably be back in a few months to get some advice.

 

Thank you

Edited August 11, 2019 by clemma
Typo

[king12345]

The advice you got for your previous property might not apply to this one, as you know fire brigades check for free, so why not giving them a call?

Regarding the handyman, as you're not allowed to contact the landlord (or maybe I misunderstood), send him something in writing explaining that if the essential repairs are not done within 14 days you will arrange for someone else to do them and send them the invoice.

If repairs are not essential, then there's nothing you can do.

My friend's tenant have been begging for a new carpet because she doesn't like the colour of the existing one.

She even burnt it (i think deliberately) hoping for a replacement: no chance.

Edited August 11, 2019 by king12345