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Tenancy Deposit Scheme - Landlord says not applicable

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We moved into our new house in April on a Short Assured Tenancy. We were experiencing some financial difficulties at the time, so we agreed with the landlord to "pay up" the deposit over a period of 4 months. We agreed to pay £100 extra for the first 3 months in addition to the rent, and then on the 4th month to pay an extra £350, making a total deposit payable of £650 (one months rent).

 

Last month our landlord started to become somewhat of a nightmare - allowing his friends to enter our house with his set of keys without our knowledge to retrieve his mail, refusing to repair appliances etc. So we came on here to read up on a few issues. It was here we discovered about the TDS.

 

We contacted our landlord to ask what scheme we were in and he said none, he'd never heard of it. After several conversations, it has transpired we are in no TDS and he says that because we agreed to "pay up" the deposit, this excludes us from the TDS and as far as he is concerned, that's it - he'll keep the deposit in his account. When I suggested to him that as we were "paying up" the deposit, surely it would have made more sense for him to take out the form of TDS insurance...he replied that as far as he's concerned the matter is closed - he doesn't have to comply with the TDS.

 

We're read on here that you can claim 3x the amount back via the courts, but to be honest we'd be happy to just have the deposit amount we've paid back so we know he isn't going to try and keep it or anything.

 

So, this brings me to the question. We've paid 3 months of £100, so he has £300 in deposit so far. This month we are due to pay the final installment of £350 - are we within our rights to not pay this to him? Also, can we ask him to return the £300 deposit also?

 

Thanks in advance for your help! :-)

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Are you not in Scotland?

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If the tenancy is an ast and not over 25,000 rent a year the tds scheme applies, you would have a case for return of the deposit and 3x penalty through the courts.

 

cds:)

 

Thanks for your reply!

 

Although I technically haven't paid the FULL amount of the deposit until tomorrow when I am due to pay the last payment of £350. So far I have only paid £300 of the required £650. So would tomorrow, since that is the first day he has the "full" deposit be the day from which he is required to register it in a TDS? Or should he have registered it from the beginning when I started paying his the monthly installments?

 

Cheers

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Are you not in Scotland?

 

Yes, I am in Edinburgh in Scotland :)

 

Does that make a difference?

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Thanks for your reply!

 

Although I technically haven't paid the FULL amount of the deposit until tomorrow when I am due to pay the last payment of £350. So far I have only paid £300 of the required £650. So would tomorrow, since that is the first day he has the "full" deposit be the day from which he is required to register it in a TDS? Or should he have registered it from the beginning when I started paying his the monthly installments?

 

Cheers

 

Anyone able to help? :)

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Because as it stands Tenancy Deposit schemes apply to England and Wales only, not Scotland. Hence no need to place the deposit in a scheme.

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