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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10630
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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In 2008 my landlord had messed up with my rental agreement,

Resolved Question:

In 2008 my landlord had messed up with my rental agreement, he sent me an email which I still have, stating that as an apology to me he would pay my deposit of £1950.00. He has served me with a Notice 21 and I questioned him about him protecting my deposit and he said you didn't pay it so I don't have to protect it. Is that correct, am I wrong in assuming this was a gift to me

Mandy Bird
Submitted: 3 years ago.
Category: Law
Expert:  Aston Lawyer replied 3 years ago.
Hello and thanks for using Just Answer.

My name is XXXXX XXXXX am happy to assist you with your enquiry.

Just so I am clear, I take it that you never paid a Deposit to him?

Why did he agree to "pay your deposit" back in 2008 and how did he mess up the rental agreement?

I look forward to hearing from you.

Kind Regards
AL
Customer: replied 3 years ago.

It wasnt actually the rental agreement he had messed up, it was a sell and rent back I had entered into (a long story) and because he wasnt there to answer concerns that I had he said that has a way of an apology he would pay my deposit I didnt pay him anything I just assumed it was a gift. should he have protected it or is it not mine.

Expert:  Aston Lawyer replied 3 years ago.

Hi Mandy,

Thanks for your reply.

Unless he had specifically said to you that he was making a gift to you of £1,950 and that he was going to use this money as your Deposit, then I'm afraid you don't really have any argument at all to say you are owed this sum and that this money should have been deposited in a Tenant's Deposit Scheme.
It is not a legal requirement that a Tenant has to pay a Deposit and if he made this gesture just for convenience sake, then you will find it almost impossible to argue that you are owed it.

At the end of the day, if the matter went to Court, it would come down to whether your Landlord had agreed outright that he owed you £1,950 or not. Anything less than this would mean it would fall in his favour.

I do hope this helps. Please let me know if you require any clarification.

Kind Regards
AL

Customer: replied 3 years ago.

But it states in the tenancy agreement that the tenant pays the deposit and it will be protected


 


Many thanks Al

Expert:  Aston Lawyer replied 3 years ago.

Hi again,

I appreciate that but the idea behind the Tenants Deposit Scheme is to protect the money a Tenant has given to their Landlord, so the Tenant knows that their money is safe in the event that there is a dispute at the end of the Tenancy as to what sum should be returned.

If you have not physically handed over any Deposit money to the Landlord, it is going to be almost impossible for you to argue that this "gifted Deposit" is due to you and furthermore that the Landlord should have protected it under a Scheme.

I hope this helps.

Kind Regards
AL
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