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Deposit from 2003 never in TDS plus other questions...

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Author Topic: Deposit from 2003 never in TDS plus other questions...  (Read 204 times)
Newbie
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« on: May 12, 2021, 05:40:56 PM »

Hi, Newbie here so please excuse if these questions have been asked and answered already (although I couldn't find any reference). We have been renting the same property since 2003 and are moving out in July. We had a very basic AST agreement for 12 months, since 2008 we're on a 'rolling' contract.
Q1 - Our deposit was 625 in 2003 and has never been in any kind of deposit scheme (I asked the LL). The LL says it was before the scheme and doesn't have to be in one. Is she correct?
Q2 - We will patch any holes in the walls (did it when we moved in!) and are very good at this, but do we have to paint the walls as well?
Q3 - LL tried to say we had signed an agreement in 2018 but 'someone' had forged my signature on the document. I am so angry about this and said the last agreement I signed was from 2007. She can not enforce the false one can she?
Very grateful for any replies, thanks.
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« Reply #1 on: May 12, 2021, 06:16:39 PM »

Yes and no. If the most recent tenancy began before 6 April 2007, then the landlord is not obliged to protect the deposit unless she want to serve you with a section 21 notice. Then and only then, she would be required to have protected the deposit first and serve the relevant prescribed information.

You are required to return the property in the condition as required by your tenancy agreement. Generally, that's the same condition as when you first moved in, less normal wear and tear, which after so long would probably reduce any potential claim for wall painting etc. to zero.

What is this 2018 agreement? If valid, what additional conditions would you be subject to? As an aside, if a new tenancy started in 2018, the deposit would have required to be protected then, you can ask the landlord whether she really want to argue that the agreement is valid if she hadn't protected the deposit.
Newbie
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« Reply #2 on: May 13, 2021, 11:52:10 AM »

Thank you KTC. The 'fake' agreement from 2018 had a 2 month notice period which is what I was concerned about. It also has a whole new section about leaving the house in an immaculate state, which it wasn't when we moved in but we are conscientious tenants and will leave it clean and presentable. Hindsight is great really, should have taken photos when moving into a new rental! But with 2 small children (in 2003) your mind is elsewhere ;D. My main concern is that we won't have any comeback if she decides not to return all our deposit for some minor infraction, even though we have looked after this house as if it were ours. Even put down decking and a new shed in the garden, neither of which we'll be taking. We're also leaving our washing machine (none here when we moved in). She's happy to have them. Are we mad?
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« Reply #3 on: May 13, 2021, 03:31:55 PM »

should have taken photos when moving into a new rental
The landlord should have had a professional check-in inventory done when you moved in and provided you a copy.

The inventory is the only evidence that they can present in the event of a dispute as to the original condition of the property.  Your only obligation is to leave the place in the same condition with an allowance for wear and tear (for the years 2003 - 2021).
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« Reply #4 on: May 13, 2021, 03:42:41 PM »

My main concern is that we won't have any comeback if she decides not to return all our deposit for some minor infraction...

There's a difference between the Landlord scurrilously trying to steal the entirety of the Deposit... and you two coming to some reasonable agreement whereby possibly neither of you is happy with some modest deductions, but you can both move on and let it go.

It's unrealistic to expect zero Deposit deductions after most tenancies. But it's on the Landlord to provide the proof and evidence. I have always tried to come to agreement, rather than prolong things and leave a really bad taste in the mouth. That said, I have had two tenancies with zero Deposit deductions and, yes, there were a pleasure to Check-Out.

But - from this - I fear you are jumping the gun... why not wait until the worst happens? You aren't leaving the property until July. It's mid-May.

Even with all that said... having rent incoming for almost two decades would probably make me think I would just notionally abandon any Deposit - as the Landlord... I would thank you, give you a big hug (if you were up for that) and a pat on the [head, back, behind] * for doing as well as you did in making me quite, quite rich. Sadly, it's the truth that some people just see another opportunity (and that goes both ways... Landlord and Tenant).

* - delete as appropriate.
Newbie
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« Reply #5 on: May 13, 2021, 03:44:43 PM »

Thanks HandyMan. No check in inventory was done when we moved into the property in 2003.

Yes and no. If the most recent tenancy began before 6 April 2007, then the landlord is not obliged to protect the deposit unless she want to serve you with a section 21 notice.


As the most recent agreement (that I actually signed) is from 2007, then surely that would override the original 2003 agreement and our deposit should then have been moved to a deposit scheme?
Newbie
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Landlord - always learning

« Reply #6 on: May 13, 2021, 03:46:55 PM »

We have been renting the same property since 2003 and are moving out in July. We had a very basic AST agreement for 12 months, since 2008 we're on a 'rolling' contract.
So was you 12 month contract renewed in 2004, 2005, 2006, 2007 before it went to a 'rolling' (Statutory Periodic) contract in 2008?  If so, I think your deposit should have been protected at each renewal after the introduction of the the Housing Act 2004.  (Someone, please correct me if I am wrong).

You might also like to read this: https://www.landlordzone.co.uk/news/deposit-warning-landlord-narrowly-avoids-83760-fine-after-failing-to-protect/
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« Reply #7 on: May 13, 2021, 03:52:23 PM »

2021 minus 6 equals 2015.
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« Reply #8 on: May 13, 2021, 04:10:19 PM »

Yeah, the need to protect applying doesn't mean it's still within the limitation period for a tenant wanting to claim for a deposit penalty. If the tenant is leaving by choice rather than landlord attempting to evict, doesn't make much of a difference.
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