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Deposit Protection Rules?

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Author Topic: Deposit Protection Rules?  (Read 345 times)
Posts: 1

I like property

« on: September 30, 2020, 07:10:58 PM »

Hi all, hoping someone can help as I can't find a lot of concrete advice online. Basically, I ended a very stressful and unfair tenancy in Aug 2019. There was a lot of back and forth, unclear info, and formal complaints, plus at the end of the tenancy they scalped us with deposit deductions. Just seemed dodgy all round. I recently found out about deposit protection legislation and I am unclear on whether the LA for that property abided by it correctly. Things of note:

1. Tenancy ran from Sept 2018 to Aug 2019. I was not an original tenant, but was novated into the agreement, replacing an original tenant, in July 2019, so I was there for the final two months. There was a lot of confusion about the deposit and I was not provided with any info about the protection scheme, other than the contract said the deposit would be protected by "an official scheme" and I was sent a form from mydeposits to fill out to change the name of the tenant (so I knew it was with my deposits). No leaflet sent to me personally, no info about dispute procedure, just the form to change name.

2. We finally got what was left of our deposit back in Jan 2020, after an internal back and forth. After a ring with mydeposits, they said the protection of the deposit ended 1st October 2019, so 3.5 months before we got the deposit back.

My questions:
1. Was the LA required to give me all of the Prescribed Info personally once I was novated onto the agreement?
2. Was the LA required to keep the deposit protected with mydeposits until it was returned in Jan 2020?

Any help would be appreciated!! Thanks
Jr. Member
Posts: 80

I like property

« Reply #1 on: September 30, 2020, 09:56:00 PM »

If the tenancy ended in August then the deposit protection would end within 3 months of this date so October is normal.

Your deposit has been resolved and you have had your agreed money back.  Are you trying to take retrospective  action?
Sr. Member
Posts: 427

I like property

« Reply #2 on: September 30, 2020, 10:54:41 PM »

Sounds like it was with MyDeposit's insurance (as opposed to custodial) scheme.

1. Was the LA required to give me all of the Prescribed Info personally once I was novated onto the agreement?

If you paid a deposit in relation to a tenancy, then yes you should had been given the prescribed information.

Problems, it's legally difficult to replace a joint tenant onto an existing tenancy. Most such attempt fails (legally) miserably, and what results are more correctly considered a new tenancy. Without knowing all the details, it wouldn't be possible to speculate. If they did managed to replace a joint tenant correctly, things regards to deposit protection gets harder to say since it's not really usual case.

Even if you have a claim, any claim for deposit protection penalty requires the agreement of all joint tenant to proceed (generally speaking).
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