UK Landlord Forum / Life

ive been in my current property for about 2 years. Anyway the tenancy ended in August the landlord never got in touch to arrange signing a new tenancy. I received a letter from the DPS saying my deposit was no longer secured from the 28th of August 2016. So my deposit hasn't been protected for aprx 3 months. Where do I stand with this since there is no longer a fixed tenancy in place does the deposit still need to be secured? Also I am 10 days late with my rent as I have gone onto mat leave and work had messed up my wage the rent will be paid in 4 days so that will be up to date but is there anyway the landlord can try and evict due to the rent being late and where would I stand with this? I have carried out numerous repairs in his property at a cost to myself as he was unwilling to do them such as redecorating (the wall paper had been up that long it was peeling off the walls and dirty!) there's a hole in the laminate floor in the living room I've been advised by the neighbours that it was fitted 15years ago!! Numerous damp problems he basically bought the house and rented it straight away without carrying out any repairs. Now he is pestering for the rent when he has my unprotected deposit there? Does the deposit need resecuring or not if the tenancy had ended in Aug? But in my eyes if that was the case the deposit should be handed back to myself until a new tenancy is in place?

Many thanks

First answer - yes, the deposit still needs to be secured. It should be secured at all times. It (or some of it) is not due to be returned to you until the tenancy has ended - not the fixed term part, the actual tenancy.

The Landlord can commence with eviction proceedings for non-payment of rent. The Landlord may run into difficulties regarding the deposit depending on what route to eviction they might - theoretically - follow.

The repairs you've carried out are irrelevant to the situation. The comments the neighbours have made are hearsay and just not relevant in the slightest.

You are late with the rent - I'd expect the Landlord to 'pester' you. It's not really pestering, is it? You admit that you owe the Landlord rent - you just think  (hope, maybe?) that there are extenuating circumstances that mean this is not a big deal. There really aren't.

I would formally remind the Landlord that the deposit needs to be protected. If you wish to negotiate use of some of that deposit money to fill the rent gap, between you, then you can. I would consider this. You can always 'top-up' the deposit at a later date if you want, but you both might be happy with the situation that arises.