Tenancy Deposit Scheme

[rochmsw]

Hopefully somebody will be able to help with my query about tenancy deposit schemes. To cut to the short of the story - having checked the three tenancy deposit schemes available I couldn't find a record of the deposit paid for tenancy back in April. I have since been in dispute with my landlord who hasn't provided me with any details of where my deposit was secured (I understand now that this should have been done within 14 days of receiving my money in writing). I last checked the databases for the deposit last week and couldn't find it. Last night I received a text message saying that my deposit was secured with one of the three databases and sure enough I found it. It says the money was deposited in April - but I cannot understand why I have never been able to find it. I am wondering is it possible for deposits to be made to these schemes and backdated. I am really suspicious that the money has only just recently been deposited and somehow backdated - or even if there is something more untoward going on. My landlord works in the letting/estate agency business. I have still not been provided with an original letter stating my deposit is secure but have received a rather poor image of the letter by text. Has anybody been in a similar situation as this - or give me any advice please.

[honeybee13]

Hello and welcome to CAG.

 

I'll move your thread to the lettings forum and leave you a redirect from here. The guys should be able to help you.

 

My best, HB

[mariner51]

Since 6 Apr 12, LL had until 5 May to protect any deposits for existing pre 5 Apr Ts AND to provide the stat 'required info' (which is several pages long). A single letter stating deposit protected in and account ID is insufficient to avoid claim for deposit non-protection; which a LA should realise.

Until 'reqd info' is provided by LL/agent to T, then a valid s21 Notice cannot be served, but s8 Notice can be served.

[A+]

Hi Mariner, excuse my rudeness here but my landlord is waiting a reply from me right now and I have a thread of my own with a very similar question. I would be ever so grateful if you could spare a moment to have a glance at it. Thanks

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?368373-Need-advice-on-Tenancy-Deposit-Scheme&p=4010463#post4010463

[michael-tds]

Hi All,

 

There are 3 deposit protection schemes that operate in England & Wales, any deposit taken on an assured shorthold tenancy agreement must be protected with one of these schemes within 30 days of the deposit being taken or the associated tenancy starting (whichever is sooner), the 3 schemes are:

 

Tenancy Deposit Scheme (TDS) - www(dot)tds.gb.com

my|deposits - www(dot)mydeposits.co.uk

Deposit Protection Service (DPS) - www(dot)depositprotection.com

 

If your deposit has been protected with a scheme then you are able to raise a dispute (free of charge) if you do not agree with the deductions from your deposit at the end of the tenancy.

 

If you think your deposit has not been protected, please check with all 3 schemes and if it has not, any further action would have to be taken through the courts.

 

Similarly, if your deposit has not been protected within the specified 30 day timescales, this would have to be raised in court too. I hope this is useful to you.

[A+]

But from what I have been told on CAG, someone in my position has no avenues at all to go down. My deposit is not in a scheme, my tenancy was taken out in 2006 or 2007 and has been ongoing since

[michael-tds]

But from what I have been told on CAG, someone in my position has no avenues at all to go down. My deposit is not in a scheme, my tenancy was taken out in 2006 or 2007 and has been ongoing since

 

I can confirm that if the tenancy before April 6th 2007 and has not been renewed or had any major changes to the agreement since it was drawn up then the deposit did not have to be protected by law. The deposit protection legislation only covers tenancies which began on on or after 6th April 2007 (bearing in mind that a renewal agreement/major changes constitutes a new agreement).

 

This might explain why your deposit is not protected. However, if you feel it should have been and is not then you may wish to approach the Citizens Advice Bureau or Shelter (www(dot)shelter.org.uk) for advice on how to pursue the issue of non-protection of your deposit/ I can also confirm that the courts are the only entity that can deal with a deposit where it has not been protected with one of the 3 schemes.

[A+]

Well I have a feeling it has been renewed along the way, but coiuld be wrong. One thing I do know for sure is that it has just changed. My landlord handed the tenancy to HIS landlord (he sublets), so in effect we now have a new landlord who we have never dealt with before, although in context of the law and the contract, I think they will claim it is the "Superior Landlord" that has taken over. Would this constitute enough of a change to warrant a protection of my deposit do you think?

[mariner51]

For a non-protected pre-2007 deposit. you still have option to sue for it's return in County Court.

[A+]

Thanks Mariner, I assume thats only something you would do after you ask for it and they won't give it back?

I am not at that stage, I am still renting but planning on moving in next few months. I am just concerned as to whether it should be protected due to landlord change

[michael-tds]

Well I have a feeling it has been renewed along the way, but coiuld be wrong. One thing I do know for sure is that it has just changed. My landlord handed the tenancy to HIS landlord (he sublets), so in effect we now have a new landlord who we have never dealt with before, although in context of the law and the contract, I think they will claim it is the "Superior Landlord" that has taken over. Would this constitute enough of a change to warrant a protection of my deposit do you think?

 

Hi A+, I am afraid I cannot advise as to whether the superior landlord taking over would constitute enough of a change to warrant the protection of your deposit - this is best directed to an independent legal advisor. If it transpires that the deposit should have been protected, you are able to issue court proceedings if you wish to do so, from the 31st day after which the deposit should have been protected (as the deposit needs to be protected within 30 days) even if the tenancy is still ongoing, again it may be wise to speak with an independent legal advisor before doing so.

 

I have taken some wording from the TDS guidance on the Localism Act 2011 changes below:

 

"(The 30 day time-limit within which to protect deposits) is an absolute time limit and a tenant will be able to make a claim from 31 days after deposit payment if the requirements relating to protection have not been met. The claim will be for the return of the full sum of the deposit along with a penalty of between one and three times the sum of the deposit, to be awarded at the discretion of the Court."

[A+]

thank you very much for your help Michael, very kind of you