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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Are tenants deposits transfered when new landlord buys property?

Customer Question

Are tenants deposits transfered when new landlord buys property? I know about the recent introduction of TDS schemes.

But even before, would deposit monies be transfered?

Thank you.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

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

Is the deposit currently in a scheme please?
Customer: replied 3 years ago.

it is in a scheme now. but only registered when landlord wished to evict me.


 


been in property since oct 2000. New landlord bought property in July 2007


 


Did not register deposit till 2012


 


I have read the information around it and the times that deposits had to be registered by.


 


In bundle I have just got there is some written nonsense that says the deposit was not transfered from former landlord, but the landlord out of his own pocket kindly paid in the £280 deposit for me when he registered it in July 2012.


 


On one side they say it did not need registering as it was a bond, it was not, Then they say although they did not need to register it or it transfered landlord pays it out of his own pocket. How Kind. I think not.


 


I think he realised he could not evict me unless it was registered. and the registration certificate and info was the only thing I got from issuing a disrepair protocol to him.


 


In bundle I have just got.


 


As well as whole load of other nonsense and ommissions. Think I cannot read.

Expert:  Ash replied 3 years ago.
Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.

Just to clarify it is now protected in a scheme?

Customer: replied 3 years ago.

Yes it is registered since July 2012 although property transfered to current landlord july 2007.

Expert:  Ash replied 3 years ago.
And what is it you want to know or be able to do please?

Customer: replied 3 years ago.

This is the question from above:


 


Are tenants deposits transfered when new landlord buys property? I know about the recent introduction of TDS schemes.

But even before, would deposit monies be transfered?


 


If a landlord had thousands of pounds of tenants deposits and the tenants transfered with the property,ie sitting tenants would not the deposits and monies be transfered,

Expert:  Ash replied 3 years ago.
1. The deposit would not automatically be transferred.

The old Landlord needs to take out the deposit, give it to the new Landlord to protect it.

However if it is protected now there is nothing you can do. There may have been a historic breach of any TDS law, but the fact it is now protected means that there is now no breach.

Case law shows that where a Landlord has failed to protect but later protects, provides no claim against the Landlord by the tenant.

So if the Landlord has now protected the deposit - sadly there is nothing you can do.

I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.

Can I clarify anything for you about this today please?

Alex

Customer: replied 3 years ago.

the deposit would not be taken out of a scheme as was not in one.


 


but would the monies not be transfered prior to the TDS scheme?


 


and failure to register TDS has consequences


 


but question is in relation to a bundle of disrepair protocol documents I have received today from defendant.


 


I have the TDS question covered.


 


would a landlord pay out of his own pocket to pay tenant's deposit in order to register.


 


if this is the case, then asking what happened to the original deposit.


 


Please do not try and guess why I am asking.


 


and I have the protocol guidelines from the TDS schemes.


 


so will refer to them in court regarding landlord's consistent strange behaviour.


 


 

Expert:  Ash replied 3 years ago.
I dont understand your question then?

Perhaps you can ask it in one line I and I will help?

Customer: replied 3 years ago.

Pre TDS scheme. would landlords transfer deposit money when transfering property on sale?


 


 

Expert:  Ash replied 3 years ago.
No.

The Landlord would have to do this, its not automatic.

Can I clarify anything?

Alex

Customer: replied 3 years ago.

Is it something he would have been required to do?


 


if a landlord has many properties and in the 2007/8 crash had to get rid of many properties, they are bought up by one landlord would the deposit money not have to be transfered?

Expert:  Ash replied 3 years ago.
Required legally no.

The new Landlord ought to have protected the deposit and sought to have it transferred.

But you have suffered no loss as a result.

Alex

Customer: replied 3 years ago.

you have suffered no loss as a result


 


that is not the question or assumption.


 


 

Expert:  Ash replied 3 years ago.
Ok - if they did not protect it and they now have - that is all the legal requirements complied with.

You can not take retrospective action.

I am more than happy to help further.

Alex