if I was that tenant, I would appeal - guidelines clearly state that details must be provided with proof of the deposit being protected within 14 days.

I have just read through my contract, dated 22/9/08, i got the date wrong lol. with the deposit, he is registered with the Tenancy Deposit Scheme, I emailed them and received a reply on the 22/10 to confirm that there are no deposits made for my address.

that is a valid point - so basically this new protection law comes in and the tenants were in the position where we cannot benefit from the protection. pointless huh

I would prefer to stay, as I hate moving. But I don't think people can get away with breaking guidelines and legeslation. I held back from proceeding with action in the last place I was in and got proper screwed over by the estate agents.

however, what I am after is some solid information on how to go about claiming. the information given by the TDS is rubbish and no disrespect, what I have found on here is confusing. I think we need a guide in laymens terms.

if the deposit has not been protected, he can't issue a section 21 as it is

Before I start, I am sure that answers will be spread around the 100's of pages on here, however I would like advice in one easy place to refer too. Please don't bite ... Right - a few problems (one my fault) so here we go. 1. I moved into my flat on August 22nd. I am yet to receive any information regarding my Deposit being protected. I gave the LL the benefit of the doubt but now nearly 2 months later, there is still no news. I have emailed all the named deposit schemes who have drawn up a blank page. 2. Until last week, I have had workmen in and out of the flat, the upstairs flat was still feeding off my gas metre, and I wouldn't be too surprised if the electricity is too. I had a leak in the wall cavity where the workmen didn't install the bathroom upstairs property, the kickboards in the kitchen are broken following the gas man coming in and all the pipe cover boards in the kitchen and toilet are missing after the LL's workmen removed them and didn't put them back. 3. (this bit is my fault) The bank didn't setup my rent in time, even when I gave them the paperwork a month in advance, so they didn't pay it. I thought they had so I shifted my money around people who I owe it to. Just spoke to the LL, having told him that I don't actually have it and we need to work out how to pay it to him, he wants it tomorrow. Without going through the contract (a standard one) he has his own rules of rent can only be one day late - im sure this can't be enforced, more being slightly anal. So some ideas and some help would be nice, thanks

Hello all. Having a quick flick through this forum, I think I have enough to proceed for compo, however a second opinion would be appreciated. In December 2007, I put down a £400.00 holding deposit on a flat, through a letting agent. In January 2008 (the 15th to be precise) I paid the remainder of the deposit, £537.50 plus the first month and moved in. On the 29th January (15 days into tennancy), I sent an email to the Letting Agents, informing them that I had received no written confirmation of my deposit being safeguarded within a TDS. as i understand it the 14 day notification period starts from the date that any form of deposit is placed. I received an email a few days later, informing me that the deposit was safeguarded and that was it. I replied to say that was unacceptable and that I required details, in writing confirming the TDS details. I then received another email a few days later with the TDS details. i had already confirmed the TDS details by phoning the different sceme administrators and asking. Happy that my deposit was safe, I left it at that. Now then, having just moved into a new property, I am faced with £540.00 deductions due to a rather expensive "cleaner" who had to come on a number of different occasions. Needing any money I can get my hands on I just accepted as I have to eat at least once between now and the next payday. This blatant taking the **** has somewhat urged me to now go at them with everything I have and make them face the consequences for not following simple guidelines. Now from the sticky, I understand they are guilty of the following : b) Landlord has supplied details, but not in the prescribed format d) Landlord has placed the deposit in a scheme, has supplied the information, but not within the required 14 day timescale Now if I present this complaint am I likely to succeed or will I fall flat on my face. Thanks

coolio, I shall see what answer they come up with.

I went to my parents house for dinner last night and to my surprise there was a letter waiting for me from Red Collections (Lovell Group). They were claiming that they purchased a debt of £502.04 from 3 Mobile. Now I took one look at this and decided that they can swivel, however it does need dealing with. The following points kind of make their claim fairly weak : 1) I have not lived at my parents address for 3 and a Half Years 2) I terminated service with 3 Mobile in August 2007 - paying the final bill of about 47p in full 3) I have never had ownership or used the telephone number they claim that the bill is connected to. I sent them an email with the above information, suggesting perhaps that they should give up their persuit of this amount that is not owed and that I will be making complaints against both Red and 3. In the long run - what is the best course of action to take with this. Thanks in advance

I went to the property today for a full viewing. A few points. The carpets are filthy and need cleaning. The whole inside required painting The garden needs some serious TLC As mentioned a fence needs to be put up None of which the Landlord is prepared to do - what a He will budge the rent to £700.00 pcm but I think there is some cheek asking for a security deposit and not taking the property to a habitable standard. If I want the house done up to a presentable state, I have to do it out of my own pocket.

Ok, according to Up My Street, the property hasn't changed hands since before 2000. However ones around it have shifted a bit. The house its attached to went for £98K in 2000 then for £124K in 2001. So I am going to assume (that being a dangerous thing) that the property was purchased for less than £98K. Until I can look up the information that you told me to look for I think I shall work with that.

that seems like an idea. another thought I had last night was a reduction in rent of £100.00 per calendar month. this way that should provide, over enough time the funds required to complete the work. however getting the LL to provide materials (for the fence too) and doing it myself (with some "voluntary help" from friends) could get it done quicker in the short term.

Greetings All. Been a while since I have been on here, but the housing problem presents itself once again and I need some sound advice. I am looking at renting the following property - Property Details Now the landlord has been fairly outcoming with the fact that he/she doesn't wish to decorate the property or do anything else. From the pictures, it needs a good lick of pain - which I don't mind doing and a fence needs putting up - the area is ok but you wouldn't leave your gran unattended for a long period of time. The landlords asking price is £750.00 pcm - taking into account the work that needs to be done and the lack of enthusiasm from the LL to do it - what could I offer to pay ? Oh also, there isn't a fridge or a freezer in the kitchen.

Ok good one this. I have just received my bill from BT a wonderful amount of £119.00 They plan to remove that from my account via DD but somehow I accidently just cancelled that and let me explain why. When I connected my "previously unconnected property" to the exchange, they stated that it would cost me £125.00 for the pleasure of someone walking around on my new carpets in their muddy boots. I said that I was quoted the work at half the price the previous week - true. So they agreed to do it. They asked how I would like to pay and I chose the option of paying off the £65 odd quid monthly, around £6.50 a month. The bill charges me the full installation charge in one go. Hmmm not too happy - where shall I take it from here ?

this isn't exactly my strongest area of knowledge but I do know that P4U will try anything to get customers. They have been known to use made up bank details and fake ID before. I think your best bet would be OFCOM (the office of communications) and OFT (office of fair trading)

yes that is sarcasm. Ok I admit, I was a little late in paying my mobile bill this month, however that was due to moving home and finding that 95% of my months wage went into deposit and moving costs - anyway enough of that. As a result, my phone was barred, fair enough as I didn't pay the bill on time. I paid the bill this morning, and the money has gone out of my account. Orange have not lifted the bar. I called them up on the number, given on the website as they barred all calls to their customer services and bill paying numbers - now that is intelligent of them isn't it. They said that the bar had been lifted but this little voice keeps telling me : "sorry, calls from this number are barred" wouldn't be a problem if the little voice wasn't coming from the earpiece of my phone. Anyone else had this problem and if so, how long did it take for Orange to sort out. Thanks

It is written under clause 2d in the Terms and Conditions of the Tenancy Deposit Scheme, seems there is room for the judges discretion.

The actual terms and conditions of the DPS state that should the tenant take the LL to court in order to safeguard the deposit (after all that is what the court action guarantees, should the deposit not have been put into a protection fund) the judge has to do the following : Either - Order the LL or holder of the deposit to return it in full to the tenant or Order the LL to place the deposit into a recognised protection fund in addition the court has to - order the LL to pay compensation to the tenant of up to three times the original deposit. so in essence, the judge will order the LL to pay the money into a fund then could order the LL to pay a fiver to the tenant for the inconvienience. Of course the LL could find themselves responsible for the court fees and may have to repay interest at the rate of 8% PA.

Esio - this isn't a personal crusade against the LL. I have never met them, this is me following my rights as a tenant under a scheme setup by the Government. The rules are fairly clear with regards to what happens and as the Estate Agents in hand pride themselves in being members of the DPS, they shouldn't really have an excuse why they have failed to comply. The place I was previously in, I cleaned top to bottom, I got the carpets done, I even gave the place a lick of paint. The LL said it was fine and it now backtracking, claiming I have not done anything. I know his lying, as does the other person who was sharing with me, as do my parents as do the estate agents oh and the carpet cleaning company. You say this is unfair towards LL's, it is doing exactly what it says in the tin - safeguarding the tenant against unreasonable LL's

well, that is a bit of a bummer isn't it. they don't follow the law, they get punished, we get persecuted for it. I think there should be some form of protection for that but hey. Im sure if they think hard enough, bearing in mind that they don't need a reason, they can do what they like. On the plus side, there may be a nice little sum sat in the bank for a deposit on somewhere to buy at the end of it all. Well, I shall see what happens and keep you all posted

Yes that does help with regards to the forms etc. The likelyhood is that if I take this forward to claim for compensation etc, I will get the boot at the end of the tennancy, is that correct ? Do I go straight to the courts with this one or do I need to contact the estate agents first ?

Hi, morning everyone. Here comes another thread about the Tennancy Deposit Scheme, sorry, I know there are a few floating around here but I need some advice on how to actually move forward with it. Basically, I have not recieved notification of my monies being placed into a Tennancy Deposit Scheme within 14 days of the start of my tennancy. Now from different posts that I have read, it seems to be a bit wooley as to what I do next. (1) I am aware that I need to obtain a court order to tell the Estate Agent (holding deposit) to either return the deposit to me or pay it into a scheme. (2) The estate agents then need to pay me the total of 3 x the deposit within 14 days of the court order. Can anyone point me in the direction of how to obtain the court order, what information I need etc. Finally, what is my position with regards to the security of my tennancy from there on ? I am aware that a 2 month notice cannot just be given upon successfully obtaining a court order, however, what happens when the current agreement comes to an end ? The 'official websites' for the TDS doesn't have much advice on how to proceed through the courts, neither does the direct gov sites (or I just haven't looked too hard) Thanks in advance

well that was a little rude wasn't it ! have a look on the Openreach website - Openreach Home there may be some costing details in there somewhere

how does one check the status of the line before I moved in ? I don't know who was there before me, so there is no way I can check a phone book or anything - BT aren't going to back down with their charge and I really need the line working in order for my SKY to be installed fully !