Tenancy Deposit Scheme??

[GlasweJen]

This is not a problem per se, just want to see what the CAGers think of this.

I read the thread on this not long ago and today I re-read my tenancy agreement (just for the banter) and now I wonder, should me deposit be in this scheme?

We payed our deposit on May 2006 and moved in shortly after (deposit was £1125 altogether). The tenancy expired in May 2007 and shortly before that we went down to the letting agents and re-signed another 1 year contract. We never paid any deposit this time because the letting agency still had our first deposit. The new tenancy agreement is different to the first one and it is quite clearly a new contract and not a roll over from the old one but it has a few discrepancies that make me think that it is just a standard print out with our address added at the top.

There are paragraphs that state "upon initial entry to the property the tenants must...." and one that says "...will only be dealt with by the landlord within 14 days of initial occupation of the property", no acknowledgement that we are the same tenants who moved her last year.

Because our new agreement started in May 2007 should our deposit have been put into one of these Tenant Deposit Schemes? How do we find out if it has or not? There's no mention of the deposit on the new contract save the bit that says it will be returned within 6 weeks of us leaving the property.

[Planner]

Simple answer..... yes. Have a look at the TDS sticky at the top of this section.

[GlasweJen]

I already have. I'm asking because there's no documents about a change in the way the deposit was kept and because the actual monies changed hands in 2006.

[Joa]

I have recently had this confirmed by senior housing law practicioner; new contract equals deposit protection, irrelevant on when the money changed hands. Additionally, there is no requirement to put the information about how the deposit is held in a tenancy agreement.

[Planner]

Originally Posted by Jenschnifer

I already have. I'm asking because there's no documents about a change in the way the deposit was kept and because the actual monies changed hands in 2006.

Then you will see from the TDS sticky that the agents/LL are in breach of TDS requirements.

Lets get some facts;

- Who did you pay the deposit to in 2006 - the landlord or an agent?
- Is the Landlord/Agent the same Landlord/Agent that you paid the deposit to in 2006?
- Do you have a recipt showing that you actually paid the deposit? (useful but not essential!.
- Are you 100% sure that you dont have the required details of the TDS as set out in the sticky?

[Ed999]

Read this thread: http://www.consumeractiongroup.co.uk...it-scheme.html

Joa advises me that a deposit paid before 6 April 2007 is protected by the Housing Act 2004 (the Tenancy Deposit Scheme) if the tenancy is formally renewed on or after that date, by the signing of a new tenancy agreement.

To find out whether your landlord has complied, consult your doormat! If no letter complying (containing the prescribed notice in other words) fell onto it through the post within the 14 days, then the landlord is in breach of the Act.

If your landlord failed to comply with the Act within the 14 day limit, the consequences for him will be quite severe, as outlined in that thread.

Warning: if you sue the landlord for the penalty of £3,375.00 imposed by the Act, expect trouble! It is a course of action to take AFTER you have moved out, not while you are still in the landlord's clutches.



Advice & opinions on this forum are offered informally, without any assumption of liability. Use your own judgment. Seek advice of a qualified and insured professional if you have any doubts.

[GlasweJen]

This is interesting
- Who did you pay the deposit to in 2006 - the landlord or an agent? Letting agent
- Is the Landlord/Agent the same Landlord/Agent that you paid the deposit to in 2006?
Yes
- Do you have a recipt showing that you actually paid the deposit? (useful but not essential!. Yes we have a reciept from 2006
- Are you 100% sure that you dont have the required details of the TDS as set out in the sticky? Absolutely, we have all the documents in a folder and there is nothing mentioning the deposit except the reciept and that one paragraph in the agreement.

We have only ever had mail from the letting agents once and that was to advise of our HMO inspection from the council.
Is all this going to cause problems when we move out next year?

[Planner]

Its going to cause problems for someone!!!

From what you have posted, a new AST has been signed after the start of TDS, therefore 100% sure it should have been placed in a scheme. Not only should it have been placed in a scheme, you should have been provided with certain details of said scheme within 14 days of handing your deposit over.

When you leave you will have the oppurtunity to sue who ever was responsible for putting the deposit in the TDS (could be LL or Agent depending on whats written in your AST - looks to be the LL from your first post).

The AST cant overide whats clearly written in statute by claiming as the depsoit was given pre-april 2007 it doesnt have to be put in a TDS. Thats why the act talks about a new ATS rather than a new deposit, to avoid just such get out clauses.

[GlasweJen]

Thanks planner, all this was done through the letting agency, from what we know the landlord is an elderly woman who currently lives in Ireland and doesn't want her flat left empty.

[Joa]

a new AST has been signed after the start of TDS, therefore 100% sure it should have been placed in a scheme. Not only should it have been placed in a scheme, you should have been provided with certain details of said scheme within 14 days of handing your deposit over.

beautifully put and absolutely correctimondo

[leechild4]

Hi,

I have just discovered this '14 day' clause in the TDS. We have not received anything from our LA way past 14 days from handing over the money. I know this may be a silly question, but would it void things if you did contact them and request these details, if you then still planned to take them to the small claims court.

I only ask this because i;d like to know our deposit was safe but also have had so much trouble with our LA that Id definately like to take them to court for all the other trouble they have caused.

Would really appreciate any help on this

thanks

[MrShed]

Lee - in future please create your own thread.

It doesnt void it, but it forewarns them - they will then have opportunity to put the deposit in a scheme, and given by existing cases there is no certainty that a judge will see the 14 day limit as absolute - there is evidence to think that judges will be on the "well, its protected now thats the important thing" side of the fence.

That said, you HAVE to tell them you are taking them to court anyway, and it will look very unfavourably on you if you do not give them the opportunity to resolve out of court. So no it doesnt void it, and in my opinion you have little choicve but to do as you have said.