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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69265
Experience:  Over 5 years in practice
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Ive received a letter from mydeposit which states the deposit

Resolved Question:

I’ve received a letter from 'mydeposit' which states the deposit I’ve put on my rented flat is no longer being protected by them.
He keeps changing the property management company and I've contacted one company who he deals with to ask him to contact me. I sent him an e-mail two weeks ago at an address I have communicated with him in the past but had no answer.
Legally he must protect my deposit and I know I can claim 3 times my deposit if he doesn't - I just want to know my deposit of £1500 is safe and will be dealt with fairly.
I'm on a rolling monthly contract, there was no inventory when I moved in and I'm looking to move in the next few months and expect the full deposit back. How do I get things moving if I can't contact him?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

You do not have an automatic claim for 3 times the amount and you will not get that sum I'm afraid even if there is a claim.

Are you no longer subject to an AST?
Customer: replied 2 years ago.

I just want to know where my deposit is held. What is an AST?

Expert:  Jo C. replied 2 years ago.
An assured shorthold tenancy agreement?

Has your original come to an end?

You mention a rolling monthly contract.
Customer: replied 2 years ago.

Yes - AST has ended so I only need to give one months notice. Does that have a bearing on the deposit and deposit scheme?

Expert:  Jo C. replied 2 years ago.
Yes, it does.

Can I presume that this letter came after the AST ended?
Customer: replied 2 years ago.

The AST ended in May 2013, the letter arrived 29th January 2014

Expert:  Jo C. replied 2 years ago.

The issue actually is really when they stopped protecting the deposit rather than when they wrote to you but I suppose the date of the letter is a good indication.

In fact, there is no long a need to protect the deposit here. That only applies to ASTs. You will be on a periodic tenancy agreement now so he does not have to protect the deposit.

That doesn't really affect your rights though all that much. He doesn't have to prove that the deposit is protected but you are still entitled to its return and it can be enforced at the small claims court when you leave if he refuses to pay which actually, in my opinion, was always a much more effective way of enforcing deposit claims than through the protection services.

if he can't be contacted then you can issue against him here

But its worth sending him a letter before action giving him 28 days to pay before issuing. Its very unlikely to come to that as you have an overwhelming claim.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.


Customer: replied 2 years ago.

Thanks for that - as I never signed an inventory how can I ensure that he doesn't blame me for damage that was already here when I moved in. Do I have to prove my innocence or does he need to prove guilt?


Expert:  Jo C. replied 2 years ago.
If you sue at the small claims court then you would have the burden of proof but the practical reality is that Judges would be looking for some evidence from the landlord that damage was caused and that it was caused by you.

If he hasn't got an inventory then its a point against him not against you.
Customer: replied 2 years ago.

Would it be held against me if I held back my rent @£650 per month?


Expert:  Jo C. replied 2 years ago.
In legal theory you should not do that.

In practice though, its very difficult to enforce any claim against you. He would be owed £650 but then he could take it from your deposit.

Obviously you would get a reference but thats not the end of the world.

Its a bad deal for DSS tenants but not for private tenants.
Jo C., Barrister
Category: Law
Satisfied Customers: 69265
Experience: Over 5 years in practice
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