Landlord did not protect deposit

[downnotout]

I am in a bit of a confusing situation, to cut a long story short, my land lord did not protect my deposit. It has also come to light that he does not own the property. The property belongs to his mother in law, and he has been renting it out on her behalf. However another sibling now has power of attorney, and is refusing to accept that I have already paid my deposit. Where do I stand legally? I am awaiting a letter from her solicitor regarding the change of payment details etc, however I am concerned that I will be out of pocket to the tune of £500. Can I take the old landlord to court to get my deposit back?

[Deepie]

Re: Landlord did not protect deposit

Have a read here------->http://www.direct.gov.uk/en/homeandc...cies/dg_189120

[downnotout]

Re: Landlord did not protect deposit

Thank you In 2 Deep, I have contacted the CAB. I have a meeting to discuss where I stand and what I can do to try and get it back.

[Handyman]

Re: Landlord did not protect deposit

I think I heard on the news today? yesterday? complaints over deposits have gone up 400% in the last 2 years.

I understand the need for a deposit, I have paid several myself.
No matter how straight you play it there always seems to be a problem.

There should be better protection for folks. Sounds like this landlord is trying a dodge. Hope things work out for the OP.

Regards, Handy

[downnotout]

Re: Landlord did not protect deposit

Just a little update, no letter recieved from a solicitor as of yet, however my original land lord rang me today. He asked if I got a letter from a solicitor, I said no not as yet, he then said that the up shot of it all is that some of his family are trying to stir trouble and that they are requesting the money to be paid in to another account. He has told me to ignor it and to forward the letter to him?
I don't know what is going on, but it all seems a bit underhanded and I feel like I am being drawn in to a family feud. Only one week to rent due date and a have no idea where I stand or who to turn to?

[SXGuy]

Re: Landlord did not protect deposit

you really need to seek legal advise, stop wasting time talking to the landlord or his/her family members, this is about you and your money.

[downnotout]

Re: Landlord did not protect deposit

I have decided to pay no one anything and seek advice from the cab, I can't afford a solicitor

[PlanB]

Re: Landlord did not protect deposit

I am in a bit of a confusing situation, to cut a long story short, my land lord did not protect my deposit. It has also come to light that he does not own the property. The property belongs to his mother in law, and he has been renting it out on her behalf. However another sibling now has power of attorney, and is refusing to accept that I have already paid my deposit. Where do I stand legally? I am awaiting a letter from her solicitor regarding the change of payment details etc, however I am concerned that I will be out of pocket to the tune of £500. Can I take the old landlord to court to get my deposit back?

Do you mind if I ask you a few questions to see where all this is going in case there's something useful I can add tomorrow


1. Is this an Assured Shorthold Tenancy agreement for 6 months ?

2. Whose name is on the contract as the Landlord ? (ie the mother-in-law or who?)

3. Are you paying your rent into the bank of the named Landlord on the AST ?

4. How did you rent the property - was it through an agent ?

5. How long have you got left on your tenancy agreement or has the initial 6 months expired and you are now staying on as a Periodic Tenant where either party can give noitce ?

6. Have you been served notice to quit by the Landlord?

7. To whom did you pay the initial deposit and did you get a receipt for it?

8. Who says the Landlord didn't insure your deposit? I completely believe you because the Landlord has a statutory duty to tell you it's insured and to provide you with a copy of the insurance certificate. However sometimes it does get insured but the paperwork is sloppy. Have you asked the Landlord for details of any insurance? The Landlord is perfectly entitled to hold onto your deposit money so long as it's insured by a Government backed scheme. It's a myth that the deposit has to be placed into a custodial scheme.

9. Who says your Landlord doesn't own the property ?

Sorry for so many questions but I need the full picture in order to make any suggestions to help

It's not fair for this family to drag you into their problems, but I'm encouraged to see there's a solicitor involved because generally speaking they tell the truth. So why not wait and see what that letter says before you start to stress too much

The law changed recently and the old draconian penalty from the courts of a mandatory fine of three times the amount of the deposit has gone. Now the DJ can use his/her discretion. The view seems to be that it would only really matter to you if the Landlord refused to return your deposit at the end of the tenancy and that hasn't happened to you yet (or has it?). Post up what that solicitor has to say when you next get a minute.

Maybe there is simply going to be a new AST with a new Landlord to replace the old AST and the deposit will be rolled over and insured by your new Landlord (different family member) which is bound to happen if a solicitor is involved

[PlanB]

Re: Landlord did not protect deposit

I have decided to pay no one anything and seek advice from the cab, I can't afford a solicitor

I wouldn't advise you to stop paying your rent because you could risk eviction The non insurance of your deposit money is a completely seperate legal issue. The CAB will tell you that

[downnotout]

Re: Landlord did not protect deposit

Hello folks, just a quick update, I called the local housing support team this morning. They contacted the solicitor on my behalf and now I have a copy of the letter that they were sending out to me. It states that I should direct all future correspondence to the sister in law, and that all future rents should be paid to the Mother In Law who actually owns the property. They have lasting power of attorney granted 15th May 2012. Finally it invites me to view the documentation to satisfy myself should I have any queries. I guess that pretty much sorts the first problem RE who I should pay my rent to. Now I need to work out how to get my deposit back.
The tenancy was an assured short hold, however the part that mentions deposit guarantee has been tippexed out. However in the small print on page three, it still mentions that the deposit will be placed in a deposit guarantee scheme?

[PlanB]

Re: Landlord did not protect deposit

Hello folks, just a quick update, I called the local housing support team this morning. They contacted the solicitor on my behalf and now I have a copy of the letter that they were sending out to me. It states that I should direct all future correspondence to the sister in law, and that all future rents should be paid to the Mother In Law who actually owns the property. They have lasting power of attorney granted 15th May 2012. Finally it invites me to view the documentation to satisfy myself should I have any queries. I guess that pretty much sorts the first problem RE who I should pay my rent to. Now I need to work out how to get my deposit back.
The tenancy was an assured short hold, however the part that mentions deposit guarantee has been tippexed out. However in the small print on page three, it still mentions that the deposit will be placed in a deposit guarantee scheme?

From what you say it sounds as if your original AST remains in force but an amendment has been made by a solicitor so that from now on you should pay the rent due to Mother-in-Law instead of the person named on the contract (who was that please?). The Sister-in-Law has recently been granted power of attorney to deal with the day to day managment of the tenancy acting as an *agent* for Mother-in-Law. That's not unusual although a new AST would have been preferable But it can only be in the name of the person who actually owns the property or their *agent*. Hence enter the Sister-in-Law in her new role as POA.

I doubt you would be entitled to have your deposit refunded until the tenancy ends. Why would you? So you'll have to cross that bridge when you get to it (have you been given notice or when does this AST expire?). In the meantime you have the right to know that your deposit is safely insured in a Government backed scheme regardless of what has been Tippexed out in the contract. So you should write a letter to the solictor seeking this information

If it's not been done yet it can still be done retrospectively without the need for anyone to go to court. What you want is your money protected not long drawn out litigation which can take up to a year to progress

[downnotout]

Re: Landlord did not protect deposit

In a nut shell yes.

[PlanB]

Re: Landlord did not protect deposit

In a nut shell yes.

Plan B's not known for putting things in a nutshell way

[downnotout]

Re: Landlord did not protect deposit

Everyone can have a lapse in concentration

[PlanB]

Re: Landlord did not protect deposit

There is one thing still bothering me when I re-read your first post which says your Landlord is a man so obviously not Mother-in-Law or Sister-in-Law. In which case why has the solicitor not issued a new AST in the name of the owner (MIL) or their agent (SIL)

Do you have proof (bank statement?) of paying the deposit to that man (BIL?) whose name I presume is on the AST