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A quick question about Liability with TDS


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I am about to move out of my current property after living here for a year and a half. I moved to England from Scotland and while aware of the TDS scheme, I was not aware I should have received a letter from the TDS scheme telling me my deposit is protected. The tenancy agreement I signed covered me until July this year and I'm assuming it is the same as Scotland, where if your outwith the dates of the agreement, it just renews month to month until one of you terminates.

 

I am now fairly certain that my deposit is not held by any of the deposit schemes and my landlord may be about to pull a fast one. My question really relates to responsibility - I got my tenancy agreement etc. from a local letting agent but as far as I am aware after speaking to him, his involvement in my tenancy was nothing more as an intermediary until a tenant was found (me) and the contract signed. He has claimed that the deposit has nothing to do with him as it was paid to the landlord. The rent has also been paid directly to the landlord by standing order since the commencement of the tenancy.

 

If, as I suspect everything goes pear shaped I just wanted to clarify who has liability? The landlord or the letting agent? Also is it small claims court these matters go to if I need to go down that route, or is it somewhere else? It's tempting to just withold the last months rent but I want to ensure everything is above board so at the very least if it did go to court, nothing could be said about me breaking the agreement. So, the last months rent goes tomorrow. :|

 

Any advice would be welcomed!

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Sorry Guys, I forgot to say that I do have a receipt from the landlords agent that payment was made to him on the 10th of June 2009 but I can't find a copy of my darn tenancy agreement anywhere. Im going to have to ask the LA very nicely for a copy and hope that he hasn't shredded it or something ridiculous, otherwise the landlord may try to claim I was never a tenant!

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Sorry Guys, I forgot to say that I do have a receipt from the landlords agent that payment was made to him on the 10th of June 2009 but I can't find a copy of my darn tenancy agreement anywhere. Im going to have to ask the LA very nicely for a copy and hope that he hasn't shredded it or something ridiculous, otherwise the landlord may try to claim I was never a tenant!

 

If you pay by standing order then you will have a comprehensive record of rent payments in addition to the recipt for the deposit. While it would be useful to have the tenancy agreement, with the above 'evidence' it is by no means essential. It would be a foolish LL that took up the defence of 'he was never a tenant'!.

 

Get in touch with the x3 TDS schemes and see if they hold your deposit. Let us know the outcome.

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