Deposit not protected

robert_harper_2000 · 13th May 2008, 14:26

I moved in 17/11/2006 Term 6 months.

I recently contacted the LA to ask if my deposit was protected and told it didn't apply to me as I moved in before April 6th.

However since reading, renewals are classed as new agreements and so my deposit should be protected. I also just agreed to change to a periodic tenancy starting when this term ends 16/05/2008.

Could I make a claim against the LA for the 3 x deposit.

Thank you

robert_harper_2000 · 13th May 2008, 14:31

I would like to read the two recent cases; one positive one not. Does anyone have links?
Also what is this about if they comply after you issue a claim for non-compliance then you cannot proceed for the compensation?

Where is the legislation regarding the actual non-complinace?

waterbottle · 14th May 2008, 01:46

Rob,

Don't worry about the thing that Ed999 posted. It is not accurate.

From what we know, it seem that you have a solid case for the 3 x penalty. I am not computer literate enough to post links but can you use the search facility?

Also, the thread started by ABitOfAPickle regarding the Tenency Deposit Scheme has almost everything in, and contains other links. If someone could post a link to that please...

Good luck Rob.

robert_harper_2000 · 14th May 2008, 08:59

Cheers, I'm thinking I'll give him 28 days first to rectify his mistake/.?

robert_harper_2000 · 14th May 2008, 19:28

I'll e-mail the LA and the three protection schemes to find out if I have a policy. Once I have the responses I'll issue a claim

robert_harper_2000 · 15th May 2008, 16:32

LA replied via e-mail:

"The Tenancy Deposit Scheme only came into force in April 2007. Your tenancy began 18th November 2006 so this is not valid for you."

I am correct in thinking this is non-compliance?

waterbottle · 16th May 2008, 03:23

On which date was the most recent occasion that you signed a contract for a new tenancy agreement? Allowing the tenancy to lapse into a periodic does not count.

If you moved in on 18th Nov 2006, how long was the fixed term? Did you sign a further agreement?

robert_harper_2000 · 16th May 2008, 09:47

6 month term so after November (dec, jan, feb, march, april, may) must have signed around June then (july, august, sept, oct, nov, dec) signed around Jan now feb, march, april, expires this May 17th tomor infact. I've def signed two contract for a further six months since I moved in and this time I re-arranged term to be periodic. So the fact is it should have been protected twice before.

waterbottle · 17th May 2008, 00:30

Yep....which means that you can claim for 3xdeposit. He should have protected it!

robert_harper_2000 · 18th May 2008, 15:57

Hmm... I've contacted him and get the impression Palms suggested it wouldn't apply. The LL is the one with the deposit but I feel overall he has been fair - Would he have known about this?

waterbottle · 19th May 2008, 03:53

I've no idea what he knew. I just know that every private landlord I get involved with is very friendly to begin with but ends up trying to rip me off.

robert_harper_2000 · 19th May 2008, 09:39

Well if I give him the benefit of the doubt and he does get it stuck in a scheme. Then I think he is one of the good guys. What do you reckon?

robert_harper_2000 · 7th June 2008, 22:24

Hmm now I think I know where you are coming from. LL so far has promised to check, week later promised to get wife to check through and get back. Week later explained don't worry either I or Palms have it and it will be looked after... well no I want it to be protected and I am only holding back from suing you, even though I'm deep in my overdraft and could do with the cash because I wanted to give you the chance - I don;'t want to sue him if he is innocently doing this but feel he is taking the mick abit

robert_harper_2000 · 24th June 2008, 23:26

still checking apparently has assured me though, he will look after the deposit either way.... what do you reckon?

robert_harper_2000 · 4th July 2008, 16:41

At last a response. LL has said that the deposit is with LA
LL
have called LA and they confirm that they do hold your deposit .
The regulation on managing deposits came into force April 2007 and you singed up the tenancy on November 2006 .
Nevertheless it has always been LA's policy to hold all deposits .

If I make a claim it will be against the LL but I feel he just doesn't understand and is being led by the LA. Can I not claim against the LA instead?

MrShed · 4th July 2008, 17:04

Nope. Not your problem if he doesnt understand anyway!

robert_harper_2000 · 4th July 2008, 19:53

But I don't know... I think it is a moral thing? Or am I being stupid. If it was the agency I think I would do it tomor but the LL I just think perhaps it is an innocent mistake

MrShed · 4th July 2008, 19:55

The landlord can sue the agent for his loss if it is due to their negligence.

robert_harper_2000 · 4th July 2008, 20:40

Do you think he would just kick me out once I start proceedings? shall I explain he could sue LA lol

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