Rent/deposit help
Discussion
Looking for some advice guys, so I'm a student and rent out a flat that is leased from September 1st to June 30th. I decided January time i'd stay put and lease the same flat again starting September, put down a deposit and signed all the contract etc ready. Now the deposit from last tenancy still stood until the landlord inspected the flat for any damages which would then be deducted from that deposit, she came back with a few small things that I'm semi-happy to pay for. But that was 2nd week of June that happened and was told my deposit would be paid back to me soon. Fast forward till now and they're chasing up setting up a standing order for the September 2017-18 tenancy. What do I do because it's a bit silly that they're chasing up rent that's not due till September but are ignoring me when I email about the return of my deposit for the previous tenancy agreement. Am I able to withhold rent until the matter is resolved? I know that's a dick move but it's frustrating to say the least
Cheers
Cheers
A Standing Order is not like a DD where you authorise a third party to take money from your account at times they specify. WIth a SO you decide when it starts and for how long it continues. I'm guessing the landlord or their agent just wants to make sure you have set it up.
Furthermore, why would it start before the commencement date of the new tenancy? Nor am I clear why you are contemplating witholding rent. That's a bad idea anyway and just puts you in an invidious position.
The deposit is a completely separate matter. It should be reurned once the previous AST has ended.
Furthermore, why would it start before the commencement date of the new tenancy? Nor am I clear why you are contemplating witholding rent. That's a bad idea anyway and just puts you in an invidious position.
The deposit is a completely separate matter. It should be reurned once the previous AST has ended.
I'm not entirely sure what the procedure is with a deposit and student accommodation and if the same legal rules apply when it comes to deposits and if they're held by the DPS etc ...
Anyway, It's a difficult one... I'd personally say not to withhold rent cause that might just cause you further financial difficulty in the future. I'd recommend speaking to a Student Advisor or the Citizens Advice Bureau who'll give you all the info you need.
OP - the DPS is a third party where you deposit cash is held.
You will have been given a DPS joint account ref to prove that your deposit is there as this is a legal requirement of the LL and screwing up is bad for them.
From memory when the AST ends the agent inspects and then logs into your joint DPS and ticks a box in the account from their side as to the fact they are happy to release the deposit subject to a retention of £x which it sounds like you agreed and that is all done.
You I think now need to log into the DPS and tick that you are happy with the proposal and then bingo the money gets released. If you don't do your side it just sits there as the DPS side is all passive.
The agent probably thinks you had your money back weeks ago as their side is all finalised - this is I suspect all waiting on you.
You will have been given a DPS joint account ref to prove that your deposit is there as this is a legal requirement of the LL and screwing up is bad for them.
From memory when the AST ends the agent inspects and then logs into your joint DPS and ticks a box in the account from their side as to the fact they are happy to release the deposit subject to a retention of £x which it sounds like you agreed and that is all done.
You I think now need to log into the DPS and tick that you are happy with the proposal and then bingo the money gets released. If you don't do your side it just sits there as the DPS side is all passive.
The agent probably thinks you had your money back weeks ago as their side is all finalised - this is I suspect all waiting on you.
When you originally started your tenancy, after registering your deposit with the deposit scheme operator (IIRC there are two or three in the UK) the landlord should have sent you the deposit information ('prescribed information') within 30 days. That's a legal requirement and not doing so makes you eligible to claim up to three times the deposit amount. As you're continuing the tenancy and probably don't wish to create a stir, you can give the landlord a gentle nudge that you need the deposit ID as you didn't receive the prescribed information, that should work.
Sorry I haven't updated this, yeh it's all sorted now. I sent the landlord an email just asking where she was in the process of returning the deposit. No email back from her but an email from DPS with the link and login details, so god knows how long it'd of taken if I hadn't had emailed her as it says the landlord opened the DPS thingy on the 7th August
HedgeyGedgey said:
Sorry I haven't updated this, yeh it's all sorted now. I sent the landlord an email just asking where she was in the process of returning the deposit. No email back from her but an email from DPS with the link and login details, so god knows how long it'd of taken if I hadn't had emailed her as it says the landlord opened the DPS thingy on the 7th August
When did you pay the deposit and when on the certificate did it say it was protected from?If more than 30 days you have a claim for upto 3x the deposit.
I'll have to look into it more closely, because I'm fairly certain the agreement was the deposit would be paid back on the 30th June once the flat had been inspected for damage. But I'll have to dig out the contract and see. Still emailing/texting every day saying Santander have declined the standing order request they made, and its urgent i send bank details back. How can it be urgent if it's not due till September, and they've only just returned the deposit from last year! Starting to regret renting the same flat again and it's not even started yet
HedgeyGedgey said:
I'll have to look into it more closely, because I'm fairly certain the agreement was the deposit would be paid back on the 30th June once the flat had been inspected for damage. But I'll have to dig out the contract and see. Still emailing/texting every day saying Santander have declined the standing order request they made, and its urgent i send bank details back. How can it be urgent if it's not due till September, and they've only just returned the deposit from last year! Starting to regret renting the same flat again and it's not even started yet
its not when the deposit was paid back its when the deposit was first paid to the landlord or the agent at the start. then within 30 days it must be registered.Sounds like you should look for somewhere else. If they havnt protected your deposit within 30 days of you paying it then start a money claim online and you are very likely to win. its a strict liability offence.
You should have had a certificate either in the post or email . There are a few companies that protect deposit two of which are the ;
ie TDS or DPS
If you were using an agency ask them for a copy of the cert, or ask the landlord for a copy or the cert.
That will have the date they protected it on.
Sounds like they didn't give you the prescribed information or the "how to rent" booklet?
ps you said you rented a flat - I'm assuming you had an assured shorthold tenancy agreement? (as opposed to being a lodger or a licence to occupy part of a property)
ie TDS or DPS
If you were using an agency ask them for a copy of the cert, or ask the landlord for a copy or the cert.
That will have the date they protected it on.
Sounds like they didn't give you the prescribed information or the "how to rent" booklet?
ps you said you rented a flat - I'm assuming you had an assured shorthold tenancy agreement? (as opposed to being a lodger or a licence to occupy part of a property)
Edited by superlightr on Thursday 10th August 10:45
superlightr said:
You should have had a certificate either in the post or email . There are a few companies that protect deposit two of which are the ;
ie TDS or DPS
If you were using an agency ask them for a copy of the cert, or ask the landlord for a copy or the cert.
That will have the date they protected it on.
Right I've dug out the email from DPS. It's dated the 6th October 2016. Tenancy agreement started 1st September, deposit was paid some time in August, will look at exact date from bank statements online. Will I still be able to make a claim from that?ie TDS or DPS
If you were using an agency ask them for a copy of the cert, or ask the landlord for a copy or the cert.
That will have the date they protected it on.
HedgeyGedgey said:
superlightr said:
You should have had a certificate either in the post or email . There are a few companies that protect deposit two of which are the ;
ie TDS or DPS
If you were using an agency ask them for a copy of the cert, or ask the landlord for a copy or the cert.
That will have the date they protected it on.
Right I've dug out the email from DPS. It's dated the 6th October 2016. Tenancy agreement started 1st September, deposit was paid some time in August, will look at exact date from bank statements online. Will I still be able to make a claim from that?ie TDS or DPS
If you were using an agency ask them for a copy of the cert, or ask the landlord for a copy or the cert.
That will have the date they protected it on.
Property address: abc
Landlord: xxx
Tenant(s):yyyy
beginning on: 1st September 2014 Ending on or after:
Tenancy Deposit amount:£1,275.00
Received by Member idxxxxxx/xxxx 20th August 2014
Registered with the Tenancy Deposit Scheme: 28th August 2014
The person registering the deposit will put in the date they received the deposit ie 20/8/2014
and the TDS will auto generate the registered with the TDS scheme date 28/8/2014 as when its registered with them
so in the above case if the deposit was truly paid to the agent/landlord on or about the 20 aug 2014 the deposit has been registered and protected within 30day. its also within the 30 days of the start of the tenancy
you will need to check when you actually did pay the deposit which will normally be just before the actual start date of the tenancy.
In your example and with your dates given;
your tenancy started 1/9/2016 (and if you paid your deposit a few days before this say 25/8/16
but the protection and registration date is 6/10/2016 then that is more than 30 days after the date you paid the deposit and more than 30 days since the start of the tenancy.
Edited by superlightr on Thursday 10th August 11:13
Edited by superlightr on Thursday 10th August 11:14
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