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Sorry if I am butting in but I have just read all the threads on here and you guys all seem to know about deposits and the TDS. Can you please just by reading my story, tell me if I have a case, before I end up losing money I have not got.

 

Stood guarantor for my son and paid deposit of £650

Was told the deposit is held with the Agent as Stakeholder and member of the TDS, no further details were send

After the 12 months the property was in possession stages

Went to court for order for possession and rent arrears

From this point I was negotiating a payment plan to payoff rent arrears

Made untold enquiries of what has happened to the deposit paid

No communication from either party on this

I did not pay anything off the rent arrears because of my deposit going astray.

Letting agents then tell me 5 months later deposit was given to LL on 28th May 7 days after my son officially leaving the property for rent arrears

December debt has been passed to baliffs to collect therefore adding another £1010 to the original debt.

Took LL to court yesterday to get set aside and stay of execution

LL's solicitors said it was used for various repairs to the property.

Judge tells him to get evidence together or come to an agreement with me in regards to deposit or come back to court.

After the hearing outside the LL's solicitor pulls me aside and tells me more or less it would be in my best interest to accept the £650 deduction from the rent arrears as this will save extra cost to themselves and to contact his office save going back to court

Balliffs cost etc still stand by the way.

Have I got a case to fight for deposit x 3 and this is why he is trying to persuade me to accept the £650 and go?

 

Please may I have your comments or do I post seperately.

 

Kind regards,

 

 

Mash:???:

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Hi Mash, you've curtainly got a case!

First thing, the LL should of pretected your deposit within 14 days of you handed it over and should of informed you who it was protected with within that time, if that wasn't done that's enough to sue.

Also, a possesion order cannot be issued if this wasn't done in the time frame (doesn't count evan if they put it in a day later)

 

Irrespective of arrears you can still sue and you will win!! Trust me!

Go back to the landlords solicitor and tell him you'll be hearing from your solicitor (if you win the LL would have to pay all fee's so you might as well get one) and tell them you will start proceedings against the landlord for the LL's breach of government legislation. You'll be able to sue for 3 x times deposit plus the rent. The arrears are another issue you would have to deal with seperately. Watch it.....they'll soon jump!:)

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Asperni,

 

Many thanks I already have the support from one special ladyt from this forum and now you have helped me as well.

 

I am very grateful for your valued advice, let you know what happens next.

 

 

Regards,

 

 

Mash XXX

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I had some tenants on a one year agreement from 6th April 2009. Unfortunately, because I was embroiled in family matters, I forgot to register the deposit until September 2009, when I took the deposit to a local estate agent and asked them to put it with the DPS. I called them a couple of times and they assured me it was all OK. I had told the tenants verbally in September, where the deposit would be held and presumed that would be OK. In January 2010, I decided I couldn't afford to keep the house any longer and gave the tenants notice to quit in April 2010.

 

They have decided to be awkward over this and have threatened to take me to court because I didn't register the deposit straight away. (In fact I was unaware at the time of the 14 days requirement, although I know that is no excuse in law). Also, they claim they didn't receive notice of the held deposit from DPS until November 2009, therefore I couldn't give them notice in January 2010. I gave them more than the two months' notice to help them out in having extra time to look for alternative accommodation.

 

Where do I stand on this?

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Hi there, I don't think you have much room to move here. The law stands that a tenants deposit has to be registered within 14 days. My only thought would be that you make your tenants an offer (they would have to go through the court process to make their claim and pay out money), say half what they would claim for and then make them sign a "full and final settlement" document so that they couldn't raise the issue again

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I'm new to the world of TDS and curious to learn about it. I'd like to know what the penalties are for not closely following the deposit scheme guidelines?

 

In the case above the tenants can still get the money back from the Estate Agent can't they? So what can they sue for? (AFAIKS they've not financially lost out.)

 

Would the Tenants highlighting the matter cause the regulatory body to issue some sort of fine or punishment? Would the tenants benefit financially from this?

 

The Landlord gave the Tenants the minimum 2 months notice based on the start date of the 12 month AST - can the DPS registration date really overrule the AST dates as the Tenants are claiming?

"Be reasonable, demand the impossible"

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In my opinion the above poster is wholly wrong.

 

Once the deposit is protected, eviction can occur.

 

The 3 x deposit as a fine is quite clearly defined as being in the situation where either:

 

- initial DPS requirements were not followed

- the deposit is not protected

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

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  • 1 month later...

Hi I was looking through this and similar threads but it looks like my situation is uniq and therefore confusing.:(

 

My deposit was actually protected at the start of my tenancy but in the middle of it the agent went into liquidation and therefore my deposit ceased to be protected. My deposit had to be re-protected but because the agent didn’t give it back to the landlady it wasn’t.

 

What shall I do now? Shall I take my landlady to court? She doesn’t want to re-protect my deposit before she recovers it from the agent. My concern is that it may take a long time and fail to be successful… :mad:

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  • 5 weeks later...

Great info here my daughters situation is about to become somewhat fractious, they have been asked to vacate by the new landlord, with notice, when they enquired about the deposit paid some 8 years ago the ne wlandlord has stated " nothing to do with me" should they approach the rental agency that introduced the property to them? (if still in business) or is the onus on the new landlord to repay?

 

Thanks in advance for any advice.

 

prima

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Hi,

 

Can't give you alot of advise but the TDS now apparently deal with tenants deposits so I was led to believe. Here is my story I stood guarantor for my son because he was unemployed. The so called deposit was supposed to be held in one of the governments schemes. The estate agents was responsible to let the tenant know what agent held the deposit and should have been given details. None of this happened. I should have been told what the deposit was used for but no word after a string of letters from me. One year on Jan 2008 my son was given notice of eviction on grounds of rent arrears which there was. We both was taken to court and I agreed that there was rent arrears and this would be dealt with. I immediately contacted the agents and made an offer of £20.00 per month as my son was unemployed, they ignored this and saw me as prey. It took over a year for any response of what happened to the deposit and they the sly b------s referred it to the High Court Enforcement officers even knowing the deposit was not accounted for. I found out in November 2009 that the deposit was used for delapidations (what delapidations who knows no record or written statements received) From November last year I have been to court to sort this out the DJ set aside until a resolve from the LL's solicitors. The DJ asked to see reports and invoices to prove the cost for the delapidations, they sent me a piece of paper with a name and mobile tel no no proper company headed paper, something I could do right now. I offered a payment for my part as guarantor, my son would cover the court fees, No not good enough they want me to pay the HCEO another £1000 + for their wrongfully taking it to that level. I am back in court to see what the outcome is if there is a law and I loose I will make this know to all and sundry. They deducted the deposit of the rent arrears which is what they should have done from day one but did not and cost me a further £1000 for one baliff visit. The law is an arse. You will have to fight for your deposit like I had too and so much fro the government and it's laws. Bull**** I say. I am very lucky I have met a wonderful person from this site who has helped me fight and I owe her big time. I really would be amazed if I loose this case. Will let you know.

 

 

mashmallow

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Hi Mashmellow,

 

Thanks for the reply, today has yeilded some good info, my daughter found the agent and they have confirmed they have the original deposit! she is going in with the receipt on Saturday so fingers crosssed and will advise.

 

prima

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Hi,

 

To carry on this tale, after visiting the agent and they confirming the receipt and having a copy of the receipt and the file, they have advised they cant find the money!! Anybody advise if they persist with this story what can she do?

 

Thanks in advance.

 

prima

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Hi,

 

My son is entering into a ASH tenancy on a property marketed by Atlantis in Reading. Atlantis are the Landlords agent for the let. However they are also the holders of the Tenancy Deposit as they are members of the scheme (checked on TDS website). This seems a conflict of interest. Does the forum have a view on this?

 

Regards to all

 

Mark.

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  • 3 weeks later...

I paid a £500 deposit to the LA to be protected by the TDS, on leaving the property there was a cleaning dispute.

 

On checking the TDS the LA had only protected £125 of the deposit.

 

Would I stand a chance in court? the rest of the deposit minus the dispute has been payed back. But the full deposit was not protected for the 18month duration of the tenancy.

 

TDS have advised they do not deal with issues like that.

 

We were the perfect tenants for the LL even showing viewers around in our last week and do not want others to be taken for a ride like we have.

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  • 4 weeks later...

I was wondering if anybody could help to clarify my problem as I think it might be a little bit different then other peoples.

I moved into the house with 2 other housemates in July 2008 and paid a deposit of one month and everything was fine however stupidly we did not sign any inventory and at that time were not aware of the TDS schemes. During the stay Landlord was okish, however when we vacated the property in July 2009 the problems started.

 

To begin with, one housemate decided to move out before the end of the tenancy and I later found out (after continuous communication with the landlord) that she did not pay her last months rent (ie not to get deposit back) and that the other housemate at some point during the year did not pay a months rent (ie her deposit was used for that). After moving out of the house, Landlord said to be and an independent witness that he was happy with the house (had spent a week cleaning the house), however after a month or so had not heard anything from the landlord, so decided to ring him and he declared then that he had had used my deposit to pay for things that needed to get done in the house- which I was not happy with as he had not declared this with to me (the only housemate with money left in the deposit)

 

After numerous written communications with him, he provided me with receipts for the work done, one being the wiring for a light, a fire door, a cleaning receipt BEFORE we had moved out of the house, and a receipt from B&Q with the date covered up, when asked for clearer receipts I have not yet heard anything else.

 

Ok this is where it gets confusing, he DID protect the deposit under a scheme HOWEVER we never recieved anything as the deposit was under the wrong address (number and postcode) but SAME ROAD, and the two other housemates names were under the scheme but my name WAS NOT??

 

After trying to speak to the scheme I am unable to access it, as my name is not on the system, but another housemate has and they have said my name is not anywhere and should seek legal advice?

 

I am now unsure what to do...and would really like some help......:)

 

Thank you everybody

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  • 2 months later...

i have a question about the return of my deposit.

 

my landlord is selling the house. (to a friend of mine coincidently) and i have been given my 28 days notice. she will own the house when this is up..

 

there has abeen a minor burn mark a carpet in the bedroom, which she wants to remove anyway..

 

at the end of my tenancy, can my current landlord refuse me any of my deposit? as it will no longer be his house.. and it will not be paying for damages to his property?

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i started in april 21st of this year.. it was an itial 6 months fixed term.. i found out that the house was up for sale 2 weeks after i moved in.. but it just so hapened that everything came together for the end of the fixed term anyway

 

 

 

the deposit was £250. i was never informed of any protection for the deposit. it's through a letting agency so i assumed they would deal with that the right way.

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Hi i have moved out the house i was letting and have contacted my landlord numerous times concerning my deposit. the 10 days have expired in which he has to return it and it has come to my attention after checking with the schemes that my deposit hasnt been protected. Can i sue him for 3x the amount although i have moved out? also if he does pay me my deposit this week can i still sue for him not protecting my deposit in one of the government schemes?

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i started in april 21st of this year.. it was an itial 6 months fixed term.. i found out that the house was up for sale 2 weeks after i moved in.. but it just so hapened that everything came together for the end of the fixed term anyway

 

 

 

the deposit was £250. i was never informed of any protection for the deposit. it's through a letting agency so i assumed they would deal with that the right way.

 

Hi there, first of all did you sign a contract (short Hold Tenancy Agreement)?

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  • 6 months later...

This thread was left open in error. Please do NOT post here: if you have a new problem, you will be much better off starting a new thread.

 

Because this thread is 'sticky', probably no one will notice if you post here!

 

Due to unforeseen circumstances, I am no longer an active member of this Board and regret that I currently can't assist on a personal basis, so no PM's please.

 

 

Addendum

 

Also read this thread:-

 

Tenancy Deposit Protection - First High Court Decision:

http://www.consumeractiongroup.co.uk/forum/showthread.php?247112-Re-Tenancy-Deposit-Protection-First-High-Court-Decision

 

That important decision drives a coach and horses through the intention of the Act, by removing all financial penalties for late protection of the tenant's deposit (provided it has been protected before the case comes before a court).

Edited by Ed999
Add link to thread 'Tenancy Deposit Protection - First High Court Decision'

Note

 

This is a self-help forum in which users share their experiences. Assistance is offered informally, without any assumption of liability. Use your own judgement; obtain advice from a qualified and insured professional if you have any doubts.

 

This posting gives general guidance only. It is not an authoritative statement of the law. Consult a Solicitor for specific advice before deciding on any course of action.

 

 

Further information:

 

Assured and Shorthold tenancies - A guide for tenants

 

Renting and Leasehold - Advice from Shelter

 

 

All posts are opinion only

 

 

If you've found my suggestions useful, please click on my star and add a comment

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This thread was left open in error.

 

 

 

Thats it closed now Ed999.

 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

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