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TDS and Contract Date


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What date did you pay the deposit?

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

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.

 

Please click the star if I have helped!!

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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.

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