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UK Tennancy deposit protection scheme

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Old Oct 19th, 2008, 01:56 PM     #1
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Default UK Tennancy deposit protection scheme

Hello, I haven't posted on here before and don't know if anyone will be able to help me. I'm a student in the UK. My landlord kept my £300 deposit I felt unreasonably, at the end of my contract I decided I needed somewhere cheaper. The contract stated I needed to give a months notice by the postal system. I told him by email on the 2nd of June (my contract finished on the 30th of June). He owns many houses and it's not like he would be financially cripled by this. In fact he found a new tennant only days after I told him.

Unfortunately I didn't give the required notice. I went to my uni to seek advice and they said it seemed he had not put my deposit in a tannacy deposit protection scheme which he legally was required to do. However this only came into effect after the 6th of April 2007. I couldn't get my online bank statement that far back to see when he cashed the deposit, I'd have to pay £10 to get it now. However I wrote the check out for him on the 18th of March 2007. My contract started on the 1st July 2007.

My question really is, under this law would he have been required to put my deposit in a protection scheme because my contract started after the 6th of April or is it the date the deposit is cashed?

Thanks for any help.
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Old Oct 20th, 2008, 08:05 AM     #2
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Default Re: UK Tennancy deposit protection scheme

Although I am not in the UK, I will try to answer the question.

You will have to check the wording on this deposit law. See if it states that 1)all deposits from leases "entered into after" that date, from 2)deposits of "leases that begin after" that date, or from 3)"deposits received after" that date. {1)When did you sign the lease? That would be when you entered into the contract. 2)The lease's begining date is after the deposit law requirement. 3)The deposit was received prior to the law.} So depending on how this law was worded when it was written, it may or may not be required to place the deposit in this account.

Additionally, you should read this deposit law for 2 other reasons. First, most areas only allow the LL to keep the deposit for actual damages. That would mean for only those damages he suffered monetarily. If he had the unit re-rented within days, he should only have lost a few days of rent and should only be allowed to keep a prorated amount for those few days. After that, he was receiving rent from that unit from another tenant. He cannot collect rent from two tenants for the same space at the same time. That is frequently called "double dipping" and is not allowed.

And second, many areas require that the LL send you and itemized statement saying what was deducted from your deposit and why within a certain number of days after you vacate the premises. Did you receive such a statement that was itemized? Please check your law for both of these conditions. Do a google search for "LL-Tenant law" or "Seurity Deposit law" in your area and read through it thoroughly.
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