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Deposit Protection Scheme

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We paid a security deposit of 1,040 pounds when we first moved in in June 2017. We found out that our letting agency never put our deposit into one of the deposit protection schemes. We met with the manager of the letting agency on 3rd January 2018 and asked her about this. She confirmed that they did not put our deposit into a deposit protection scheme, claiming that this was because we were on a "rolling contract" and that they were not required to put security deposit into a deposit protection scheme if it was a rolling contract. We would like to know if this is actually the case.

The following is stated in our contact under the section "Term": "A fixed term from and including 12PM on 01/06/2017 until 12PM on 31/07/2017 and will continue on a rolling monthly contract until suitable notice is provided by either party".

Based on this, we were wondering the following:

1) Was our letting agency required to put our security deposit into a deposit scheme?

2)Are landlords and letting agents exempt from tenants' security deposits into a deposit scheme if it is a rolling contract? 

 3) Based on what is states under "Term", is our tenancy on a fixed or a rolling contract?

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Dear guest, 

I apologise for the late response. This was only a pilot project that was not meant to begin until June this year. 

I believe that your landlord was obliged to protect your deposit and serve on you the prescribed information. I would of course have to look at the tenancy agreement in more detail. This could mean that your landlord could be subject to a penalty of 3 x the deposit plus the return of your deposit. 

Please do send through your tenancy agreement by email to advice@oliverfisher.co.uk

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