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wonder

Deposit From Earlier AST

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Over 3 years ago I paid a large deposit to my landlords agent, when I signed an AST. This was protected with DPS a week later. 
Since then the landlord has issued and I have signed 3 more 12 month AST's.
The deposit has never been re-protected and the AST simply states "deposit with DPS".

Is my landlord in breach of tenancy deposit regulations?

Will they be unable to serve section 21 without refunding the deposit?

Can you point me to the relevant extracts from legislation?

Thank you for for any help 
 

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On 14.04.2017 at 6:17 PM, wonder said:

Over 3 years ago I paid a large deposit to my landlords agent, when I signed an AST. This was protected with DPS a week later. 
Since then the landlord has issued and I have signed 3 more 12 month AST's.
The deposit has never been re-protected and the AST simply states "deposit with DPS".

Is my landlord in breach of tenancy deposit regulations?

Will they be unable to serve section 21 without refunding the deposit?

Can you point me to the relevant extracts from legislation?

Thank you for for any help 
 

https://www.rla.org.uk/landlord/tenancy_deposit_scheme/deposit-guard-prescribed-information-guidance.shtml

"

The Deregulation Act 2015 has led to some important changes in respect of Prescribed Information and has led to this becoming a less onerous obligation on landlords.

  • Prescribed Information should be served each time there is a new AST within 30 days of a new AST being created;
  • If the tenancy rolls over into a new fixed term AST or a statutory periodic tenancy there is no need to re-issue the Prescribed Information as long as:
  • The deposit was properly protected and Prescribed Information served at the start of the original tenancy;
    • The property let remains the same;
    • The tenant(s) remain the same;
    • The landlord(s) remain the same;
    • The deposit protection scheme used remains the same.
  • In the event that any of the above conditions do not apply the deposit needs to be protected and the Prescribed Information served within 30 days of the tenancy change

"

So, your landlord would be in breach of regulations if they stopped protecting your deposit after the initial AST, but they're within law if all of above light-bullet points apply. Having said that, this Act was put in place in October 2015 and it looks like you've been renting for much longer then that, so I don't know if it applies retrospectively.

If there's a breach of regulations, your landlord will be in much more trouble than just being unable to serve a valid S21. There's a statutory penalty for that, from 1 time to 3 times the amount of deposit, and that's for each agreement where the breach occured (so, if you had 4 ASTs in total and you deposit has not been protected after the first one, it's a penalty of 1x-3x times three). And it goes into your pocket :)

Edited by kibuc

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