Advice re deposit please

kirklanw · 14th July 2008, 18:00

Hi, this is my forst post so hope I have put this in the correct forum

Anyway I have a big problem which I hope some of you may be able to help me with, everything seems so confusing

Basically I moved into a property about 3 years ago and signed an assured shorthold tenancy, this was renewed every July (last renewal date July 2007) and I moved out from the property about a week ago now.

Now the letting agents are being awkward with my deposit, saying things were left dirty and in a mess when I don't think they were and they are saying they will charge me several hundred pounds to put this right. Even if things had been left untidy it wouldn't cost this much to fix

Today I have read they should have put my deposit into a protection scheme, as far as I know they haven't done this and if they have they haven't given me any details of it or how to get my money out of it!! I think its illegal if they haven't done this so is there anything I can do or is it too late now I have moved out?

Sorry for the long post, this is all a bit confusing to me.

Many thanks if anyone can offer some advice.

kirklanw · 14th July 2008, 18:01

whoops, meant to write first post in this section.

MrShed · 16th July 2008, 19:03

Yes you can. I advise you search for TDS or deposit on this forum, as there are LOTS of people in exactly the same boat currently. In particular, look at StuzaTheGreat thread a few above this one.

kirklanw · 16th July 2008, 19:49

thanks mr shed, I have been reading since I originally posted.

MrShed · 16th July 2008, 19:50

Good good - sorry would ordinarily give a more full reply, but have been away for two days and came back to a million unanswered posts haha!!

kirklanw · 17th July 2008, 18:18

np Mr Shed I can see you're a busy man.

I do have a question though ........

I don't remember getting any notification about where my deposit was being held so I'm pretty sure its not been held in a scheme. I asked the landlord a couple of days ago which scheme it was in bu he hasn't got back to me yet (its not easy to speak to him as he lives abroad). Is there any way I can check myself if my money is being held in a scheme??

govtepe1 · 17th July 2008, 18:19

hello

raymondo777 · 18th July 2008, 20:16

Having looked around the net I don't think I am covered by these regulations actually, it seems that if the deposit is paid years before the schemes started and the tenancy renewed after the schemes began the money doesn't have to be moved from its original holding account into a scheme

Esio Trot · 18th July 2008, 21:33

Quote:

Originally Posted by raymondo777

Having looked around the net I don't think I am covered by these regulations actually, it seems that if the deposit is paid years before the schemes started and the tenancy renewed after the schemes began the money doesn't have to be moved from its original holding account into a scheme

You are probably right, despite this being not what the government intended. The legislation is flawed, and until a case gets appealed to a higher court anyone taking a landlord to court where a) the deposit was paid before 6 April 2007 or b) the tenant has vacated the property so is no longer a "tenant" is taking a risk.

kirklanw · 20th July 2008, 14:51

Do you think this could make a difference?

In my last contract (signed 6th June 2007) it states the following in bold lettering
"The deposit is to be protected by the landlord and details must be supplied to the tenant within 14 days of the commencement of this agreement".
This wording is not in any of the other agreements I previously signed.

MrShed · 20th July 2008, 14:55

Not really - still requires taking to court, which is still currently unpredictable.

kirklanw · 20th July 2008, 15:08

ok, surely by not protecting it though the landlord has broken the contract I had with him?

MrShed · 20th July 2008, 15:15

Yes, but what loss have you had due to that breach? None.

kirklanw · 20th July 2008, 15:21

If the landlord hasn't placed it in a scheme and is now attempting to withold some of the deposit I have no dispute service which can mediate for us as I understand it?

If it had been protected I would have had access to mediation.

MrShed · 20th July 2008, 15:29

You have no financial loss. You can still sue for the deposit.

I understand your reasoning, but that access to the dispute service is set in statute law, not law of contract. It is this statute law that is as of yet untested. I fully agree with you, it is just that as of yet we do not know whether the courts do, as Esio said above.

kirklanw · 20th July 2008, 15:31

ok, thanks once again Mrshed. I shall dwell on this for a bit!!

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