Deposit not protected, then suddenly is

[danielson81]

Hi there,

 

I moved in to a property on March 7th 2008, and in the tenancy agreement it said the deposit was protected with The Dispute Service.

 

A few months later I emailed all three schemes to double check. TDSL and DPS replied saying the property is not registered. TDS replied with..

 

Dear xxxxx

 

Thank you for contacting The Dispute Service.

 

I have checked our database and can find no record of your address being registered with us. Your Agent however, is a registered member of our Scheme. If you could provide the Landlord's details, we could delve further. Please feel free to call our office any time for further advice.

 

Kind Regards,

 

xxxxxx

 

The Dispute Service Customer Service Team

Web: TDS -Home

Email: [email protected]

 

So I phoned up TDS and gave them our landlords address, letting agent address and our address. They said our landlord and agent is registered with the scheme but our property was not coming up. The person I spoke to at TDS suggested I got legal advice.

 

Thinking it wasn't protected the day after I wrote to all three scheme providers asking them if the deposit was protected, providing all the details, TDSL and DPS replied saying it wasn't protected with them. Then all of sudden TDS emailed saying:

 

Dear xxxxxx

 

Further to your letter yes I can confirm that your deposit is protected with us and the Tenancy was registered 29th February 2008

 

 

Kind Regards

xxxx

 

Now, it it me or do I smell a fish here, or its a simple admin error?

 

After looking here: TDS -Information for tenants , we do not have a tenancy code.

 

Any comments appreciated!

Edited July 17, 2008 by danielson81

[MrShed]

Seems like a simple admin error to me. If the landlord was giving this information, then perhaps, but the TDS have no reason to lie, and certainly not to "manufacture" date of registration, and so admin balls up!!

[zarinda]

Hi can you please help me out i have been going around in circles i have just joined and can not figure out how to start a thread relating to tenants landlords etc, sorry i am better with microwaves than computers.

[Planner]

On the previous page that lists all the tenant/landlord threads, at the bottom left there is a begin new thread button!

 

Failing that post your question on this one!

[zarinda]

Thanks i am going to have to reply on this one sorry) I have taken on looking after my friends house as he is working 300 miles away he is not a seasoned landlord and is hanging on to his home by his fingernails. letting his home to tenants is not his pension fund he himself is having to rent a property near his works, the tenants have come to the end of there six months agreement but are refusing to leave they have been served with two section 21 notices but on advise from the law center they are invalid as the deposit was put in a protection scheme late even though the second one was served by a solicitor. They said they were working full time but as soon as they moved in they stropped paying there rent for two months, and are now currently in 2000 pounds arrears. it was then found they were on benefit and had previously been evicted from there last home for non payment of rent. The problem is they want to stay at the property have a new contract and for my friend and for him to pay them the triple rent compensation out of court and not pay the arrears, as they say there lives were disrupted when maintainance was done to the house it looks like we are not going to get them out without it costing a lot of time and money. so if they were given a new six month contract there deposit placed in a new scheme and they stayed would that cancel there right to go to court for compensation! the rent arrears would be negotiate out of court with the landlord and would this be a first a landlord wanting keeping his bad tenants any help would be appreciated.thank you

[help me kick his butt]

Hi Zarinda, please dont lets these people hold you over a barrell. If the deposit is now protected, I would tell them to go right on ahead and sue. Have a scout round this site, late protected deposits doesnt seem to matter to a judge as long as it is protected now.

These sound like horrible tenants, I would still try to remove them from the property. Best of luck x