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HMO deposit protection

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Author Topic: HMO deposit protection  (Read 79 times)
Jr. Member
Posts: 53

I like property

« on: August 31, 2020, 09:52:51 PM »

I am renting a room in an HMO.  4 rooms each rented by a different tenant and we pay our rent separately.

The agent is useless and the landlord has decided to change agent.  At this stage the agent believes we are all moving out next month. The landlord though is currently looking into different agents to take over management and will let us know soon once all is agreed.

I have received an email from the agent with our final rent and utility bill and they are charging us for extra days.  They have offered to give us half the deposit back now to help us get a new place but I don't trust them to give me back the rest of the deposit.

If I had an AST I would confidently know how to deal with the upcoming deposit issue and would raise a dispute if needed.

But when the deposit is not protected through the DPS how do I claim my deposit back and what support do I have?
Newbie
Posts: 30

I like property

« Reply #1 on: September 01, 2020, 08:47:10 AM »

If the deposit is not protected within 30 days then they have to give back the full amount before issuing a section 21 notice to quit.
You can apply to the court for compensation and you will recieve up to 3 times the amount in compensation.

Currently they cannot evict you with out a court order with out if you have an AST. Currently thry hsvr to give you 3 months noticei. Even if the notive expires, thr courts snd bailiffs sre not open for budiness and there is huge backlog.

If you are not a tenant you are a licencee with limited rights.

If you live in a HMO you likely legally have a tenancy even if the the wording on the agreement says you are a licencee.

As you are at risk of homlessness within 56 days the council will assist you in talking to the agent.

If you legally have a AST and they evict you then the council may prosecuted the lanlord on your behalf and they could end up with a criminal record.

Contact the council straight away they are hot on these things.

If you are legally a tenant the council willl advice you to stay put.

Do not delay.

Jr. Member
Posts: 53

I like property

« Reply #2 on: September 01, 2020, 11:40:39 PM »

Thanks for the reply but not really relevant.  I am already staying in the property anyway.

My landlord is ending her contract with the current managing agent.  They believe we are moving out but we are staying and it is just the management of the property that is changing.

I am not going to the council or starting a big issue.  I like the property and the terms and am on very good terms with my landlord.
Global Moderator
Hero Member
Posts: 3607

I like lots of things

« Reply #3 on: September 02, 2020, 10:16:25 AM »

But when the deposit is not protected through the DPS how do I claim my deposit back and what support do I have?

I guess what you are highlighting here is how it was in the [good old] Wild West days before Deposit Protection existed... how do you claim it back? With hope? What support do you have? Little to none. Not very helpful again, I understand... except to shine a light on why we are where we are today with Deposit Schemes.
Jr. Member
Posts: 53

I like property

« Reply #4 on: September 02, 2020, 10:33:09 AM »

Thanks Hippogroff.  That's how I see it. I'm thinking the best thing for me is to just not pay the last month's rent and let them keep the deposit.

I have found out the agent have not paid the landlord the rent for the last 3 months anyway.
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