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ExeC

Non Protection

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Hi Guys,

Moved into property 03/03/12 - Moved out 02/05/13.

Cleaned through, house is in good condition, lawn left needed mowing and front drive probably needed weeding.

Just found out my deposit is not protected, asked landlord via email for details, they avoided the question, said they'd return deposit when back from holiday on friday if checkout report was OK with them.

Friday passed, not heard anything, sent a mail yesterday chasing up and heard nothing.

I do not have my copy tenancy agreement, I called the letting agent, they said this was let only and they do not keep records on file or manage the deposit (even though I paid them it) they say they give it to the landlord and its managed through them.

Just checked with TDP, MD, DPS all 3 say nothing on record for protected deposit.

Just some advice really, would you guys advise filing an N208 for non protection ?

If it looks likely ill eventually get the deposit back, would you guys advise I file anyway ?

The letting agent said it can take up to 28 days for my deposit to be returned by the landlord and also the copy agreement is probably kept with the landlord and not with them as they are let only.

I assume I couldn't even think about filing an N208 without this tenancy agreement, and obviously will not get a copy from the LL if I threaten this ?

Any advice greatly appreciated.

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I called the agent 10 mins ago and mentioned I was considering filing an N208 as the landlords avoiding me.

2 mins later I got an email from the landlord stating hes paying my deposit back in full and will be in my account tomorrow.

...In my position would you bother to claim against them for non protection, or just leave it ?

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I am waiting until nearer the end of our tenancy before doing this, but the landlord has three obligations

1. protect deposit within 1 month of receipt

2. Give you form showing which scheme its protected with

3. explain to you who to contact / what to do in the event of a dispute

You have up to 6 years after termination of tenancy to claim for non-protection. Its an automatic win for you. Court merely has to decide whether to award you 1x your deposit or 3x deposit (this is on top of receiving your deposit back!)

It boils down to how much you want the money and how much you want to stiff your landlord. Our relationship with our landlord is very poor and I relish the opportunity to teach him to be a little more responsible and that being a landlord isnt just about waiting for the 14th of the month to get a quick cash injection.

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Bit confused about your thought processes. I'd ask myself a few questions:

1) How long will it take to fill in the form? couple of hours

2) How much will i be "paid" for doing it? you don't say but at a guess (and assuming at the low end of the 1-3x deposit) £500-1000 ish

3) Will the landlord ever break the deposit rules after he's taken to court? No

So for both selfish (2) and altruistic (3) reasons i really don't know why you're thinking twice.

Maybe if i got on with the landlord, but this guy only gave you your money back when he realised he was about to get screwed....

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I called the agent 10 mins ago and mentioned I was considering filing an N208 as the landlords avoiding me.

2 mins later I got an email from the landlord stating hes paying my deposit back in full and will be in my account tomorrow.

...In my position would you bother to claim against them for non protection, or just leave it ?

Have you had problems with the landlord during your time there?

If you've got the money back, I'd leave it. Unless it's a proper grudge match 'cos he's made your life a misery while you were there.

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As an update I got my money in full 5 mins after posting my last message. Must have put the wind up them!

I'm still thinking of filing an n208 but I don't have a copy of my tenancy agreement, and the agent say they have not kept a copy.

Thanks for the replys, I guess my thought process is one of morals, guilt and also lack of tenancy agreement so unsure!

Edited by ExeC

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As an update I got my money in full 5 mins after posting my last message. Must have put the wind up them!

I'm still thinking of filing an n208 but I don't have a copy of my tenancy agreement, and the agent say they have not kept a copy.

Thanks for the replys, I guess my thought process is one of morals, guilt and also lack of tenancy agreement so unsure!

I wouldn't bother chasing it, getting the money back is the key thing. Given there were some recent rulings which didn't go in favour of the tenant because the deposit had already been returned, I think you'll be risking some time/money for something that's not guaranteed

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I wouldn't bother chasing it, getting the money back is the key thing. Given there were some recent rulings which didn't go in favour of the tenant because the deposit had already been returned, I think you'll be risking some time/money for something that's not guaranteed

That loophole was fixed a year ago. See the sticky...

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As an update I got my money in full 5 mins after posting my last message. Must have put the wind up them!

I'm still thinking of filing an n208 but I don't have a copy of my tenancy agreement, and the agent say they have not kept a copy.

Thanks for the replys, I guess my thought process is one of morals, guilt and also lack of tenancy agreement so unsure!

Interesting dilemma, if he's been a decent guy and kept out of your hair during the tenancy I'd probably just forget about it since you have your money back.

However it does sound like he intended to just not return it when you compare the lack of response to your initial request to his immediate return of it within minutes of the threat.

I would have given him some time to give it back, and then had he not done so would then go in all guns blazing to get all I could simply out of revenge for attempting to stiff me.

But you did it pretty quickly so his intent is open to interpretation.

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  • 239 Brexit, House prices and Summer 2020

    1. 1. Including the effects Brexit, where do you think average UK house prices will be relative to now in June 2020?


      • down 5% +
      • down 2.5%
      • Even
      • up 2.5%
      • up 5%



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