Tenancy Deposit Scheme - Landlord not playing ball?

[Redfaze]

I have a query regarding the Tenancy Deposit Protection scheme

I have been advised by my potential landlord that the scheme is not applicable to his property. The agreement is an “Assured Shorthold Tenancy” , when I asked the landlord he advised me that the scheme only applies to Houses in Multiple Occupation, and properties over 3 storeys high, which is contrary to how I understood the scheme to operate.

The landlord also went on to say that under this scheme if a situation arose where a pipe burst, the landlord would be entitled to bill the tenants for this and/or for this to be deductible from the deposit which seems strange to me as I assume the buildings insurance covers the landlord in this instance.

This all sounds like absolute nonsense but since i wasnt 100% sure i took him at his word and resolved to go home and read up on it. The information i have found is still a little vague, can anyone shed any light on this?

[rajeshk4u]

About any repairs - this should be carried out and paid by the Landlord

Deposit - well if your AST started before the Tenancy Deposit scheme came into force, then it does not need to be in a scheme, however if there is any new paperwork e.g Rent increase or new AST contract, then you the money has to be put in a scheme.

Also, the way the governement introduced the deposit scheme is not perfect. If the money is put into a Tenancy Deposit Scheme, someone has to be pay for it? In the end the costs gets passed on the consumer e.g. the tenant. The only winners are the big businesses running these Tenancy Deposit Schemes.

I have seen tenants run away not paying the rent... never seen a landlord run away (well even if he/she runs, his/her property is still there!).

[Redfaze]

This is a new AST and i have yet to move into the property. I appreciate what you are saying though and i am not saying the landlord is unscrupulous in any way however the TDS is a legal requirement and as such the obligation should fall on the landlord to meet those costs. The crux of my query is basically to find out if the TDS applies in this instance.

I like to be meticulous with contracts and wording..its a legacy of a career in insurance!

[knoxvillain]

Q.4 What sort of tenancies will deposit protection apply to?
TDP will apply to all deposits taken by landlords in relation to assured shorthold tenancies (AST) - the most common form of new tenancy - in England and Wales

You could also bring this to his attention:

What if your landlord isn’t protecting your deposit?

You can apply to your local county court. The court can order the landlord or agent to either repay the deposit to you or protect it in a scheme. If your landlord or agent has not protected your deposit, they will be ordered to repay three times the amount of the deposit to you.

Both quotes taken from Tenancy Deposit : Directgov

[Redfaze]

I will ask again and when i hand over the deposit i will give him the leaflet with all of the information in, though i am tempted to put something in writing to cover myself.

[Joa]

the landlord advised me that the scheme only applies to Houses in Multiple Occupation, and properties over 3 storeys high

rubbish.

The landlord also went on to say that under this scheme if a situation arose where a pipe burst, the landlord would be entitled to bill the tenants for this and/or for this to be deductible from the deposit

rubbish.

To summarise: i would be very very careful with a rubbish landlord like that.

[knoxvillain]

To be honest if you haven't commited to anything I would look for somewhere else and not give this property and landlord another thought.

[Redfaze]

I certainly have my reservations, thing is im moving in with 4 other people (it's a student house) and its a really nice place, much better than typical student dives. I will certainly be bringing the matter to the landlords attention prior to handing over the deposit and asking for evidence to be provided. I think i am going to put something in writing with the deposit requesting this, i don't think he will want to risk having to repay me the deposit x 3.

[rogerebaker]

If the landlord places the deposit in the custodial scheme there is no cost to anyone.

The scheme is financed by the interest accrued on the monies held by the scheme.

something that may be worth noting is that whilst the landlord dosnt protect your deposit they cannot evict you.

[demon_x_slash]

If this landlord is as unscrupulous as he sounds, please be extra careful at the beginning of the tenancy, if you're determined to go ahead with it. Make sure that there is an accurate entry inventory taken, even down to the condition of the paintwork and the chips in the kitchen worktops. Make sure it is signed by all the tenants and the landlord, and everyone gets a copy. Take pictures of the condition of the flat with some kind of dating system - that day's newspaper in the shot or something. If this landlord is the kind who is reluctant to do repairs and maintenance, it is very possible that he is the kind likely to retain part or all of your deposit at the end of the tenancy whether he is entitled to or not. You really want to make sure your backs are covered.

As stated above, your deposit now legally has to be held by one of the three organisations recently set up. ARLA Information - Tenancy Deposit Scheme - TDS There is no room for negotiation on this with your landlord - it is a legal requirement.

Ensure that your flatmates are aware of their rights and what they have to do to protect them. In fact, I'd suggest that they join here and do a little reading around as you've been, just to make sure that everyone's on board. It can be tricky living with two almost-strangers, never mind four, and it's best to verify that everyone knows the score early on, to avoid confusion later.

Finally (hooray, I hear you cry!), if your landlord does turn out to be one of the bad sorts, please report him to your Uni housing office. If he's on a list of recommended landlords, a complaint can remove him to save other students from the same fate.

Good luck

[Redfaze]

I'm with you on the inventory and i will be meticulous. I am preparing something in writing to submit with all of my documents stating that the scheme is a legal requirement and i would like to see proof that my deposit has been protected. I'm not too happy about being fobbed off though and the scaremongering that accompanied it! I have made my housemates aware and i will pursue this until i'm satisfied that the deposit has been protected.

Hopefully the landlord will understand that i'm not trying to rock the boat merely pointing out relevant legislation which will protect us both.

Thanks for the responses they have been a great help, i'll post an update once i get a response from the landlord