Tenancy Deposit Scheme - wording?

[Flummoxed]

Hi all, just a quick question but I'd be grateful for a reply -

 

My landlord has called my £1130 deposit an 'inventory' on our tenancy agreement and thus reckons he doesn't have to protect it in a Tenancy Deposit Scheme - is this true (or is he talking out of his bum again)?

 

Thanks

[DisgruntledTenant]

How does that work?

 

According to the Act:

 

“tenancy deposit”, in relation to a shorthold tenancy, means any money intended to be held (by the landlord or otherwise) as security for—

(a) the performance of any obligations of the tenant, or

 

(b) the discharge of any liability of his, arising under or in connection with the tenancy.

 

Do you really think he could argue that this money is not intended for these reasons? You can call a spade some sort of digging utensil, but at the end of the day, a spade is a spade.

[Flummoxed]

I did ask him [jokingly] if that meant that I could smash holes in the walls and he couldn't take money from my "inventory" for it, as he reckons that just protects the [£500's worth of Ikea] furniture and the washing machine and cooker.. I didn't think he was right but I do think he reckons I'm a mug. I will write him a letter methinks. Cheers. Anyone got any more to add?

[DevilWearsPrimark]

He is talking out of his bum and leaving himself wide open to court action. He obviously knows full well that deposits need to be protected and is trying to wiggle round it with semantics. There's no good reason for him not to protect it, and I'd write him a letter stating this and quoting the relevant legislation, and giving him 14 days to protect it or you will commence court action.

[Flummoxed]

He is talking out of his bum and leaving himself wide open to court action. He obviously knows full well that deposits need to be protected and is trying to wiggle round it with semantics. There's no good reason for him not to protect it, and I'd write him a letter stating this and quoting the relevant legislation, and giving him 14 days to protect it or you will commence court action.

 

Great, thank you I will post my letter up here as well.