Advice Needed From Landlords

Landlord Discussion
1

Hi all,

Bit of back story, I rented a property found via Open Rent back in 2021.

I paid the deposit totalling £1,700 which went into a proper scheme (I have the document confirming this).

I was also asked to pay an additional deposit of £1,500 as this was my first time renting so gave the landlord some added security. I ‘got’ where he was coming from and happily agreed. Clearly, this didn’t go into a scheme as it would have been more than the maximum of 5 weeks rent (the original £1,700 deposit was for the full 5 weeks).

Comms have always been fine with the landlord, he’s always responded within an hour or two but to be honest, we haven’t had much interaction as there’s been no need.

He’s been paid on time every time so has never had a need to speak to me and I’ve only had to reach out to him on 2 or so occasions with general questions.

I gave notice a few weeks ago and we agreed the tenancy would end on the 5th May.

I’ve already moved into my new property earlier in the week so had to visit the old property on Thursday to let the cleaners in and returned on Friday to make sure they’d done a good job, which they had.

At this point, I left the keys on the table and messaged the landlord to let him know.

No response.

I’ve messaged again this morning confirming my bank details for the 2x deposits to be returned and again, no response.

Slightly concerned at this point hence the post here.

I’ve looked after the property well, fixed minor things that I definitely wasn’t responsible for out of my own pocket, had it professionally cleaned and consistently paid rent with no issues. I’d say I was an ideal tenant. No dramas, no complaining etc. I believe the full deposits should be returned.

It’s very out of character to be ignored by him which is causing my concern and I can see he’s been responding to enquiries on the listing for my old place as the response rate has changed over the last couple of days, so it feels unlikely that he’s simply ‘busy’ (and, to be fair, it takes a matter of seconds to respond to my messages).

I’m hoping for some advice and/or guidance on what I should do next, please?

Thanks in advance all, any support will be greatly appreciated!

*Specific details have been changed for anonymity.

2

Your tenancy has only just ended and, you’re right, that he will be busy arranging a new one. It seems fair to take this into account, while it doesn’t excuse his lack of contact.

Give it until the 15th as that is 10 days after tenancy ended and a reasonable amount of time to return deposits.

If nothing happens, do this:

Good. Contact the scheme and forward the email you sent to the LL requesting a return of the deposit. Ask them if the LL has initiated this at their end.

That was illegal. If you have his request in writing or any other paperwork in connection with this as proof, then you should send a firm letter (post with receipt of posting, not email) reminding him that you have requested this be returned, noting when the 10 days reasonable time limit expired, and stating that you will send him a “letter before court action” for its return if you do not hear from him. End by mentioning that you have discovered that requiring this extra deposit was illegal and that you hope you don’t have to get a solicitor involved.

If you have no proof at all that the LL requested this from you, I’m honestly not sure what you can do now that you have returned keys. I would have held onto them or got that extra deposit returned before moving out. Others can probably advise better than I can.

3

Thanks Tatemono.

I appreciate I may be overreacting but gut feel is there’s going to be an issue here. Plus, I’d rather be prepared and not need it as opposed to the other way around!

Thank you for the details, I’ll do exactly that.

Yes, I have the discussion in writing regarding the additional deposit.

4

In addition to threatening court action I would mention that this money was not secured under the government scheme so he would not only be liable for the deposit but the consequences of penalties for not securing this money ( up to three times the money plus the deposit)
I do appreciate there was a correct amount that was secured but the incorrect amount is subject to the same penalties if he called the money a deposit

5

Yeah it was very clearly described as an additional deposit!

6

Did you get a receipt for the £1500 ?

7

No, other than the bank transaction and a follow up email confirming it had been sent (and acknowledged by the landlord).

8

Thru bank and E mail confirmation . Good .Proceed as above

9

The judge will rule in your favour as it’s a clear breach of law
The penalty is at the discretion of the judge but …
You are highly likely to be awarded three times the amount in addition to the deposit because of the scenario
The more severe the breach the more severe the penalty

10

The additional payment was not a deposit as that was paid and protected, even if the LL said it was an “extra deposit”. It was in fact an illegal payment under the Tenant Fees Act and, as such, there’s a £5,000 initial breach penalty.

If you get to that point, message me and I can give you the details of a no-win-no-fee lawyer who may be able to help you.

11

Hi “Chris79”

Assuming all your information is correct . (and your Specific details have been changed for anonymity applies only to your name ) it sound like your landlord may have acted illegally in requesting an “additional deposit” .

So long as you you have records of the transaction as you seem to you are in a position to take legal action

However first may I clarify one thing. As a landlord I have occasionally had tenants confuse “payments in advance on rent” with deposits . However unused rent in advance payments should be returned in a reasonable period after the tenancy agreement expires

If however you have it in writing you called it a deposit he is clearly on the wrong side of the law.in this matter if you decide to take him to court.- but just like landlords have to wait a ridiculous amount of time for a court judgment so do tenants

However regarding your official deposit - if you only left the key on the table today you should understand landlords usually inspect the flat before returning deposits and have 10 days before they have to return a legal deposit after when you first request it (any request BEFORE the legal end of the tenancy do not count in this ) - so if you ask edtoday he has 10 days to respond !

This also assumes you have it in writing from the landlord that “we agreed the tenancy would end on the 5th May” as that would be before the date specified in the tenancy agreement if you only gave notice a couple of weeks ago. If you don’t have that in writing he has 10 days after the notice period in the tenancy agreement has elapsed.

12

I think its both a deposit and a prohibited payment. The Housing Act 2004 defines a secuty deposit as:

The transfer of property intended to be held (by the landlord or otherwise) as security for— (a)the performance of any obligations of the tenant, or. (b)the discharge of any liability of his, arising under or in connection with the tenancy.

The judge has to a accept that it meets this definition before he can award a penalty to the tenant.

13

thanks for clarifying that. Double trouble then…

14

LLs like this (through ignorance, lack of training/experience or illegal acts) need to be squeezed out of the private rented sector. Please hammer this LL into shape and do everyone a favour.

1 Like
15

shame tenants cannot be hammered into shape and do landlords a favour

1 Like
16

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