Need advice on Tenancy Deposit Scheme

[A+]

Hi, I have a question re TDS too but not sure how to start a thread, can't see the thread starter button anywhere?

I read the post above and hoped to follow a link but you forgot to post it

 

My question is.....

 

I have been renting a property 12 May 2006. The building (and most land in whole county) is owned by a large wealthy estate. However they sublet the house to a local farmer, who is my landlord and who signed the contract with me via a letting agent. Yeah, hard to follow!

 

Out of the blue the other day, I get a voicemail from my landlord saying as of the end of the week (3 days later) he is no longer my landlord and i "will be under the xxxx estate". First question is, can they do this?

Second and more importantly.... I emailed the agent to ask what was going on, as its a few weeks later now and in theory I think I am here without a contract. The reply I got was basically...

 

Yes it reverted to the estate who own the building, your deposit was given to them as was your signed contract.

 

I emailed back asking why that had happened, and that I didn't think it was legal, I never signed anything or had any agreements with anyone else, and more importantly asking where my deposit is, whether it was in a secure TDS thingie, and what happened to any interest. The reply I got was basically 'We complied with the law because your deposit was taken prior to the deposit protection certification coming into effect and there is no interest on the amount'

 

Can anyone PLEASE advise me on this?

 

Many thanks

[honeybee13]

Hello and welcome to CAG. I've started a thread for you, to avoid confusion.

 

My best, HB

[A+]

thank you

[mariner51]

Your letting agent is correct. TDS protection was not reqd for an existing AST that commenced in 2006 and any interest on deposit is not payable to T.

I suggest your ex-LL did the correct thing and protected deposit with TDS when the Localism Act came into effect Apr 12.

In effect your immediate LL has 'sold' the property back to the superior LL, who is now 'your' LL. Ex LL has done nothing illegal and you have no say in sale/ 'reversion'. Your Tenancy continues on same T&Cs as before, but the 'new' LL or agent should write and inform you who is now your LL with details of how to pay rent in future and an address for Service of Notices. They are now required to protect your deposit in one of 3 approved schemes of their choosing and ensure you have the stat 'reqd info' as tech it is tech a new AST, albeit with orig T&Cs.

 

All this assumes your original letting was an Assured Shorthold Tenancy under the Housing Act.

[A+]

Doh, thanks so much, I just asked for your help on another thread!

Thanks also for your reply. The only comment I would make is in relation to your second sentence. You suggest my ex-LL did the correct thing and protected deposit with TDS. Why do you suggest that? I don't think they did any such thing, why do you think that? Should I ask the question direct? If so, what do I ask? i.e. "When the Localism Act came into effect did you protect my deposit?"

 

Yes I was on an AST. Thanks again for your kind help

[mariner51]

I suggest your LL did the right thing as there is still legal uncertainty that existing pre 2007 ASTs need deposit protection even under the recent Localism Act (which is not retrospective).

The smart advice for any pre 2007 ASTs at any stages since Apr? 2007 was 'if in doubt, protect', which LL did at some stage.

Why are you unhappy that deposit was protected?

 

The Q you wish to ask is meaningless, LL was under no obligation to protect a deposit taken in 2006, unless a new AST was contracted after Apr? 2007 and the deposit transferred.

[A+]

I dont really follow where you said "Why are you unhappy that deposit was protected?" I don't think it was!

 

I believe the AST may have been reissued some time since, need to check

[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.

 

In this particular instance, the deposit would not need to have been protected (as it was not covered by the original 2007 deposit legislation) until their was a 'major change' to the agreement, such as the landlord changing. At that point, as previously stated, the deposit should have been protected, the relevant documents issued to you and an addendum issued to the tenancy agreement to reflect the changes.

 

Hope this is useful to you.

[A+]

oh right, thanks. Well my tenancy has just changed significantly although they have issued no new contracts. The landlord who sublet to me has buggered off and the "superior landlord" has taken over. still no mention of deposit being protected

[michael-tds]

If you feel the deposit should have been protected and it has not been, you may wish to check with all 3 schemes and then obtain written evidence that it is not protected. You may then wish to take this evidence to either the citizens advice bureau and/or shelter ("shelter(dot)org.uk") and speak with them about how to raise this issue in court.