Tenancy deposit scheme confusion

Svenena

Until June I lived in a rented house with three other students and we're now trying to sort out the deposits. I was never given any information about where the deposit was held or anything, although I knew it must be with a tenancy deposit scheme. I've just found out that apparently my deposit is held together with the other people's from the house and one of them was designated as chief tenant. We all had seperate contracts, and I hardly even know the people I lived with, but apparently when the amounts to be returned are agreed upon, the total will go to this girl, who will then be responsible for returning our amounts to the rest of us.

Because she is contesting her amount, and generally kicking up a lot of fuss (like saying things were in a different state when she arrived to how they were described on the inventory - which she did not return with amendments until she moved out!), the landlord has changed the chief tenant to me, to ensure this other girl does not withhold mine or anyone else's agreed amounts (because she is having considerably more withheld than us). I imagine I will be hearing from the deposit scheme soon, so hopefully I will be able to find out more then (I have no idea which one it is), but the girl who is contesting things phoned me today to tell me that now I am the chief tenant, I will have to be responsible for contesting her amount. Is this right?

This system seems worse than the previous ones, as my deposit is now entangled with other tenants, whom I scarcely know, and won't be returned until all the disputes are sorted, even though I am not disputing my own amount. Also, as I gave notice and moved out almost two months early, I've had a long wait already (almost two months), as the landlord did not start dealing with the deposit until everyone's tenancies had ended. And if the chief tenant had not been changed, what would have stopped this girl keeping the entire amount and not giving me any?!

Notlob

"We all had separate contracts" is the key.

If this is the case, and you are the only tenant on the TA, then you have no interest in the other tenant's deposits. You should be discussing only your deposit issues with the LL and arranging its return.

Are you the only tenant on the TA?

tbs624

Your LL doesn't seem to understand the requirements of the tenancy deposit regs.

You only have a "lead tenant" when all tenants at the one property are signed up to a single contract with joint and several liability and their individual deposits can be registered together as a single protected deposit

AFAIAA as you are on individual contracts, then each of your deposits should have been registered separately, and the LL is also required under the law to give each tenant a copy of the "prescribed information" giving full details of the way the scheme operates etc (this can either be within the tenancy agreement itself or as a separate document)

It is likely that the LL is using one of the insurance based schemes which make a charge for each deposit to be registered, so he has possibly been trying to cut costs.

As Notlob, says the deposits of the other tenants are ,or should be, separate from yours and are absolutely nothing to do with you..

Ring Shelter 0808 800 4444 for more advice on this: you can also check with each of the 3 schemes whether the deposit is registered with them and when you find out which one it is, notify them of what has happened.http://www.direct.gov.uk/en/TenancyDeposit/DG_066391

If you still have problems with the LL talk to the Tenancy Relations Officer the your Council's Private Sector Rentals Team.

clutton_2

ask which scheme the deposit is in and ask them to initiate a dispute

tbs624

Svenena wrote: »

Until June I lived in a rented house with three other students and we're now trying to sort out the deposits. I was never given any information about where the deposit was held or anything, although I knew it must be with a tenancy deposit scheme. I've just found out that apparently my deposit is held together with the other people's from the house and one of them was designated as chief tenant. We all had seperate contracts, ............. Also, as I gave notice and moved out almost two months early, I've had a long wait already (almost two months), as the landlord did not start dealing with the deposit until everyone's tenancies had ended.

Just re-read& picked up on the bit about you leaving early - generally, if you give early notice a LL can insist on you continuing to pay rent for the full period that you originally signed up for, unless a replacement tenant can be found. Did the LL agree to you going early and did he ask you to pay for the remainder of the term or did he waive the rent?

Premier_2

More info needed.

The OP says:

Svenena wrote:

...We all had seperate contracts...

but also says:

Svenena wrote:

...my deposit is held together with the other people's from the house and one of them was designated as chief tenant....

So by separate agreements, do you mean you each received a copy of the one TA you all signed naming the lead tenant, or you each had individual tenancy agreements, not stating who the other tenants are?

If the latter, how on earth did this happen?

Svenena wrote:

...the landlord has changed the chief tenant to me...

In fact, how did that happen at all whichever way the tenancy agreement was set up?

Svenena

To clarify: we all had individual tenancy agreements; however, our deposits are all held together. I only just found this out. Our landlord is contacting us separately to agree upon the individual amounts we will be getting back, but according to the girl who was previously lead tenant on the deposit scheme (the only one of us to receive any information about it), none of us will be able to get any back until all disputes are sorted, because it is released as a total, and she is disputing her's. I don't need to dispute mine, I just want it back!

I still don't know which scheme my deposit is held by, but when I find out, is it likely they will be able to separate the deposits? I don't think my landlord did this deliberately; just didn't have a very clear understanding of how it was supposed to work. It's a bit of a delicate situation as I am now living with LL's daughter.

Re: ending my contract early - this was done as per contract, giving two months written notice, so did not have to continue paying rent.

Thanks everyone!

moneysavinmonkey

from what others have said, it sounds like your deposits should have been protected individually.

You should phone up the scheme directly and confirm what the rules allow.
It could be that your deposit is not protected in accordance with the scheme rules.

You could have a case to claim 3x the deposit back unless you landlord gives your deposit back - depending on what the deposit protection scheme people say.

Incisor

As others have said, if you had separate contracts then your deposits should have been held separately.

IANAL Now, consider what would happen if the so-called lead tenant received the deposits back and ran off with some or all of your deposit. Who would you sue? Your best bet would be to sue the LL, because it is the LL who has made the mistake, and at the end of the day, it is the LL who is responsible to you for the money, not the lead tenant. Even so, you should not get involved in handling the deposit monies for the other tenants, other wise you could place your self in the firing line for their discontent - and you don't have a joint tenancy agreement which gives you any standing for taking the responsibility.

So, I think you should be asking the LL to write to the TDS, 'fess up and try to sort it via that route