Tenancy Deposit Scheme

[Mr Pipps]

That's very kind of you to say.

 

Though for anyone who might seek assistance in their own case, I would recommend they make their own discreet enquiries to whoever they think might be able to point them in the right direction.

 

As I've already mentioned in this thread, I cannot, and will not, provide free legal advice on a public forum.

 

And as you have probably already seen for yourself, the majority of free advice that is so publicly distributed by 'the experts', is usually useless nonsense.

 

If you are an intending claimant who believes you are in the right, and you are serious about investing time and energy in your case, then you should seek an initial opinion on your likelihood of success based on the precise material facts of your case. I would not recommend that you pursue specific legal answers from strangers on a public forum.

[help me kick his butt]

Hi Again, Mr Pipps, did the fact that you are no longer a tenant come up?

Did you "pay" your deposit before April 2007?

I think these might be my stumbling blocks

[anyIdea]

Hi HMKHB,

In my case

"did the fact that you are no longer a tenant come up"

the judge knew I moved out in August, but he still made the order. Don't worry.

 

"Did you "pay" your deposit before April 2007?"

Yes, but I won. Explain to the judge in your hearing with evidence. That should be fine

[yoshi1]

hi, i hope someone can help me.

I started renting my home on Dec 9th 2008 and pay £600pcm in rent. Due to family circumstances i have to leave and as my LL wishes to sell this property ASAP he agreed that i could break the contract

I allowed my LL to show a prospective buyer around my property today and he came back this evening and said he wants me out by sunday because the house is a mess ( a couple of stains on a carpet and apparently a few other things he's made a list of but hasnt told me what they are) I'm aware he cant just throw me out and we agreed that i would leave by the 8th of march, which was the date previously agreed upon. I owe him £266 in arrears and he has said that he's going to keep all of my deposit, my next housing benefit payment and, if i dont restore the house to its original condition, blacklist me with all the local estate agents!

I haven't received anything which tells me where my deposit is located and he didn't seem to know what i was talking about when i asked which scheme it was held with.

I live with my young daughter and i really dont appreciate being threatened with eviction in 6 days when my daughter is sat on the stairs behind me listening .

Do you think i have a case for non deposit in a scheme?

if so, shall i take it to court?

I only really want my deposit back so is there any documents i can send him making him aware he's breaking the law? I feel this would be a nicer way to end my tenancy ( or i'm just too soft)

thank you all.

[help me kick his butt]

Hi Yoshi. In the first instance you need to contact the 3 deposit schemes and get confirmation that your deposit has not been protected.

Im happy to talk you through step by step.

Would certainly be a good idea to start a thread, then you will get lots of help and be able to see clearly when someone has answered.

Do post back x

[jimbobjoe]

hi first post for me

 

How do i check if my deposit has been protected i cant get mydeposit.co.uk to come up still having chew with ex landlord one year on and now current one hasnt been paying mortgage, i dont belive either have protected our deposit but not sure how to check the 3 you mention.

 

thanks in advance

[yoshi1]

Help me kick his butt, Thanks for the advice. I've started a new thread so if you can post anymore advice I'd really be very grateful.

[ggl_87]

Hi There

I'd really appreciate any help anyone can offer.

I'm a young girl in my early twenties and have been living in a rented property since last June, and moved out yesterday.

The property was DISGUSTING and in a state of disrepair- I've put up with mice, no heating, no water, windows that don't shut (and that's just to mention a few things).

When I moved in last June, my landlord took from me 2 months rent (£620 per month)... He told me £620 would be kept as a deposit until I left the property. However, the wording on the lease says "2 months rent in advance". Now, this money is clearly a security deposit despite the wording because of the following reasons:

1- The money was never used as rent. Despite paying "2 months in advance" on 6th June, I then paid my first full month on 1st July (and this is written/demanded in my signed contract)

2- I then continued to pay £620 per month (at the start of the month, to cover the month) with my last payment being on 1st March. So once again, the "rent in advance" was never used as rent in advance.

3- My landlord then withheld some of this money for marks on the carpet (despite having deducted money from the previous tenant's deposit for the same reason)... so it was therefore used as a security deposit, because if this was "rent" then he had no right to withhold money. He gave me a receipt to say he had returned the money, less money for the carpet and we have both signed it.

So.... other than his wording, this was 100% a security deposit and this is what I had been told verbally- it was never used/intended as rent in advance from either myself or my landlord.

Now, I have checked with the three tenancy deposit protection agencies, and none of them have a deposit registered for myself, or the address I was living at.

What are my next steps? I have kept copies of my contract (original), receipt of him taking the deposit, receipt of him returning (some of) it, receipt of my written notice to him and I made sure that (despite him asking for cash payments for rent) I paid him by bank transfer so have record of all my rent leaving my account for his.

I have spoken to county court and they have sent me type 8 court papers for a small claim, but these aren't easy to complete, I don't know where to send them to or with what money, and can I represent myself???

Am I entitled to claim 3 x my deposit under the tenancy deposit protection scheme (he is not a live in landlord, the property is private and he does not, that I know of, receive over £25k in annual rent for the property)

[RentedAndRankled]

I thought I ought to add something to this thread after a conversation I had with someone at the weekend.

 

If the court makes an award in favour of the tenant the Landord can apply for a Variation Order which, if they can show financial hardship (i.e. a lot of negative equity on the properties or low income from rent), can leave the tenant waiting for a long time for the payment.

 

The person who I talked to was involved in a TDS case where, at the rate of repayment the court set on the variation order, the tenant would have to wait a couple of years for the deposit to be repaid and nearly a decade (yes, nearly 10 years) for the full TDS penalty to be paid. This was all after the process of bringing the LL to court and starting to get payments from them took a year (so the T would see the deposit repaid to them 3 years after the tenancy ended).

 

So please remember a CCJ of any sort may not neccessarily be paid quickly and so if you need the moeny it may well be better to try and come to an arrangement with the LL.

[cds]

subbing

[Jenny269]

Hi, I am a little confused by some of the things brought up, particularly with how to definately get the penalty 3 times deposit. Please check out my thread below. I would appreciate any advice you can give.

 

http://www.consumeractiongroup.co.uk/forum/residential-commercial-lettings/206234-deposit-not-protected-advice.html

[natalie]

"Your claim for compensation may not succeed if the deposit has already been protected or repaid before the case is heard in court – even if it was not protected when you issued your claim. This is because the court can order repayment or protection, and then if it makes such an order it must also order compensation. The legislation does not provide for the court to make a compensation order if the deposit has already been refunded or protected. "

 

This isnt necessarily true. My LA repaid the deposit as soon as he became aware that I had started legal action. I was still awarded 3 times the deposit.

[gcurran1]

Hi,

I'm having big trouble getting my deposit back from my landlord eventhough the house was left exactly how I found it, apart from the usual wear and tear. My deposit was not protected, he refuses to give his home adress and I did not recieve a tenancy agreement or a copy of my contract or inventory! the only problem is, I can't seem to find out if the law passed in 2007 applies to Northern Ireland. I'm worried I might not have as many rights here. does anyone know?

[natalie]

The Deposit Protection Scheme doesnt apply in NI, Margaret Ritchie has brought it up for consultation but it isnt law at the moment.

[gcurran1]

thanks for the reply.

Does that mean that the landlord doesn't even have to put my deposit into a separate account? He is giving us no valid reason for not giving it back and never gave us a copy of our contracts, a tenancy agreement or an inventory. Although when I moved out I asked him to contact me asap to arrange a time to get the deposit returned and he said he had to get a look at the house to do an inventory first. I said I never saw an inventory and he said "that's ok, I have one." surely I should have signed one then?

Is any of this breaking the law?

[natalie]

I'm not really sure on the law in NI but I just found this quickly when I googled tenancy rights northern ireland

 

"

The Private Tenancies (NI) Order 2006 became effective in April 2007 and has reinforced the rights and responsibilities of landlords and tenants. Legislation governing the rights and responsibilities of private tenants is very complex, however, all tenants have five basic rights:

• A Rent Book (free of charge)- this should include the name and address of the landlord, the rent (and rates if applicable) payable and when it is due, and details of any other payments you should make. The landlord must provide this within 28 days of the tenancy commencement date.
  
  • Download a sample Rent Book ( 89 KB)
    

  [*]Claim Housing Benefit - all landlords must inform tenants of this right in the Rent Book

  [*]Freedom from Harassment and Illegal Eviction - this could include things such as changing the locks, cutting off your water or electricity supply, interfering with your possessions or threatening verbal or physical behaviour. The law offers protection to tenants in these circumstances, always seek advice immediately. The Environmental Health Department of your local council has powers to investigate such actions

  [*]Notice to quit - all tenants have the right to a minimum of 28 days written notice to quit before any court action to evict can commence.

  [*]Due Process of Law - if a landlord terminates a tenancy, but the tenant refuses to move out, the landlord can only recover possession through court proceedings.

If your tenancy started on or after 01 April 2007 you will have additional rights:

• Your landlord must provide you with a Statement of Tenancy Terms within 28 days of the tenancy commencement date.
  
  • Download a sample Statement of Tenancy Terms ( 54 KB)
    

  [*]Where there is no tenancy agreement or where any agreement does not identify which party is responsible for repairs you have the right to have certain repairs carried out. The law sets out which repairs the landlord and tenant are responsible for.

  [*]If you do not have a tenancy agreement or the tenancy agreement does not state when the tenancy will end, under the law you have a right to a tenancy that will run for six months initially and after this period it will become a periodic tenancy.

You may contact your local Housing Executive District Office, or Housing Advice NI for more advice."

[adz3785]

Hi just after a bit of advice regarding a deposit/bond which was given to out Landlord.

 

We moved into the rented property March 2008, we paid £550 as a deposit to the landlords agent via a personal cheque.

 

We did not receive any confirmation that the deposit had been put into a Tenancy Desposit Scheme, after asking the agent for the details on 2 occassions and still to this day we have had no details!

 

We then moved out of the rented property in September 2009, some 5 weeks ago and we were promised our deposit back after 14 days of moving out, but we still havent received it!

 

Ive briefly read that if the landlord doesnt pay the deposit back, the matter can be taken to court and upto 3 times the original amount can be claimed? is this correct?

 

Do we have a leg to stand on?

 

Any help greatly appreciated.

 

Adam

[Jim_]

Several cases have been referenced where the 3* Deposit Penalty fee was paid even where the LL/LA repaid the deposit after action begun. Can someone please provide some links?

[adz3785]

That would be great if some one could give me some links to look at.

[ian6pot]

Tenants: Tenancy deposit scheme : Directgov - Tenancy Deposit

 

If i am reading the above article correctly its the simple fact the LL has not protected the deposit that triggers the x3 penalty regardless of weather you are moving out or not,is this correct?

[asperni]

Hi there, I just wanted to refer to your post of above. Where did you copy and paste this document, pacifically refering to Renewal Tenancies after the 6th April WILL NOT HAVE TO COMPLY with a TDS? It's The Communities Gov website contradicts this and if your document was from the "Direct Gov" website it's not on there now. Woundered if you still had the link or you could shread some light on the matter.

Many thanks

aperni

Edited November 12, 2009 by asperni

[ian6pot]

The fact that the link still works means that the page is still there,and yes its from Directgov.

 

The article is saying that all agreements made after 6th April 2007 must have a protected deposit,including renewals after that date.

[asperni]

Hi ian6pot, thanks for your comments and yes I've seen this link and would agree with what you've said. It's just the whole text in Ed999 first thread can't be located anywhere, especially the second paragraph which read's New Renewals don't have to be protected.This is a complete contradiction to the link that you gave me. So I'm interested to know what are these documents bona fides?

[ian6pot]

ummmmm....I see what you mean:mad:

 

I think whats happend is a judge has picked up on the term "deposit paid"

When renewing an agreement you would not pay a deposit as this was done already.This does indeed contradict the rules as i read them.

 

If you follow the threads that follow on from the other links it is mentioned that on the new agreement,which a renewal is,it should say that any deposit will be protected.Going on that basis after 6/4/07 your deposit should be protected.

[asperni]

Hi there, yes, we're 100% sure what we have is right, it's just that the L, solicitors presented this one page photocopy with all this text on, the identical text to the first post. Just being nosey as to where Ed999 got it from orginally....