TDS and Contract Date

[heartopp]

Hi

 

I move into my property on the 30/04/07, but I signed the tenance a month before - does this matter with regards to the TDS?

 

Thanks

[MrShed]

What date did you pay the deposit?

[heartopp]

i really cant remember - I think it was the day that I moved in...

 

I did pay a £200 holding deposit on the 31/03/07

[MrShed]

The date you paid the damage deposit is key, and you should have a receipt for it.

[Resoli]

A holding deposit and a deposit held for compliance with the terms of a tenancy are two different things.

 

A holding deposit isn't covered by TDS because it is held in furtherance and contemplation of entering into a tenancy. It becomes a tenancy deposit at the point the tenancy begins.

 

The key will be the term "holding". Was it taken to hold the property - i.e. secure the property prior to the tenancy so no other offers can be taken / let to anyone else?

 

If held to hold the property prior, and then held after the point the tenancy commences, for the purposes of the HA 2004, the date it became a securable deposit is the day the tenancy commences. The Act does specify "tenancy deposit" should be protectd and does define what a tenancy deposit is. Quite arguably, a holding deposit is there to cover say referencing expences etc.

 

Your actual deposit paid on the day you moved in should have been protected within 14 days of the day you moved in.