Tenancy Deposit Scheme exclusions?

[Bovvered]

My son and his fiance moved into a rental property under a shorthold tenancy last September (2007) but didn't pay a deposit until a full month later (agreed at the time between ther landlord and themselves). When asked which tenancy deposit scheme their deposit was paid into, the landlord told them they weren't put into one because the deposit was not paid within 30 days. I have read through the housing act 2004 and can't see anything that says you're exempted from the scheme if you pay your deposit late.

Can anyone cast any light on what she's referring to please?

Thanks

[barracad]

As far as I know the only exclusions to the scheme are where the annual rent is over £25k or where the landlord lives in the same property as the tenant.

[Bovvered]

Neither of these apply in this case - thanks barracad

My thoughts are they should have been under a TDS...anyone else have any thoughts on this please?

cheers

[Planner]

Originally Posted by Bovvered

Neither of these apply in this case - thanks barracad

My thoughts are they should have been under a TDS...anyone else have any thoughts on this please?

cheers

Thats correct. If the property is in England or Wales and the tenancy is an AST, the deposit should have been placed in a scheme within 14 days of its recipt.

[Aequitas]

The landlord is plain wrong.

[Bovvered]

Thanks everyone.

She is now trying to charge for items she claims are missing (silly things) but that my son and his fiance never used (or even saw). No initial inventory was ever carried out.

[barracad]

Without a signed inventory, the landlord won't be able to make any such deductions from the deposit.

[Bovvered]

Just had a conversation with the landlord on their behalf and he brought up the fact there were questions being raised regarding TDS and reiterated there was indeed an exclusion because it took 3 months for them to get the full amount of deposit.

That is completely untrue and my son and fiance have receipts dated for initial rent amount plus another receipt for a portion of the deposit on moving in day, then another receipt dated one month later for the balance of the deposit and also the next month's rent and although the receipts dont specify whether they are for rent or deposit, the total amount adds up to 2 months rent plus the full deposit. He's just told me to check my facts regarding the TDS

[Bovvered]

Have re-read Housing Act 2004 and cant see any such exclusions anywhere so I think he must be wrong

[barracad]

He is wrong. The only exemptions are the ones I mentioned earlier - there are no other exemptions whatsoever.

[Aequitas]

Originally Posted by barracad

He is wrong. The only exemptions are the ones I mentioned earlier.

And even they are not strictly exemptions, as if they apply the tenancy is not an AST.

[Bovvered]

Thank you both so much for confirming that for me. Will post in this thread how they get on...

[waterbottle]

Well done Bovvered. There is a thread where AbitofaPickle has gone further down the road of claiming for non compliance. You may get some good stuff from it. Unfortunately I don't know how to make links. But search his or my username.

[Bovvered]

Thanks waterbottle - I'll have a look now