Deposit Protection - Should I have notification?

milliebear00001

Hi there

After reading some of the posts here, I gather I should have received details of whatever scheme our deposit is protected with. I haven't! What happens at the end of my tenancy if my LL wants to deduct an amount I feel is unfair?

Premier_2

You should receive notification of the scheme the deposit is protected under (assuming the deposit falls under the rules requiring it to be protected)

If you don't get the deposit protected, the only way you'll get it back after the end of the tenancy is via a court (unless the LL willingly hands it you back) - basically the same way as before the law was introduced.

The advantage of the law is that you can force the LL to protect the deposit or possibly give it you back whilst you are still a tenant, rather than waiting until the tenancy ends

Lisey_Loo

Can I just ask a quick question Premier?

(Don`t want to hijack your thread milliebear00001)

I moved into my rented flat in December 2001 & paid a deposit of £320. My rent was increased in December 2007 to £400 per month, with a new contract being signed.
Should I have my deposit protected now as the tenancy was on a 6 monthly AST, and I had to sign a new AST?

Thanks...

sooz

Lisey_Loo wrote: »

Can I just ask a quick question Premier?

(Don`t want to hijack your thread milliebear00001)

I moved into my rented flat in December 2001 & paid a deposit of £320. My rent was increased in December 2007 to £400 per month, with a new contract being signed.
Should I have my deposit protected now as the tenancy was on a 6 monthly AST, and I had to sign a new AST?

Thanks...

Yes

https://www.depositprotection.com/Public/Legislation.aspx

Premier_2

Lisey_Loo wrote: »

Can I just ask a quick question Premier?

(Don`t want to hijack your thread milliebear00001)

I moved into my rented flat in December 2001 & paid a deposit of £320. My rent was increased in December 2007 to £400 per month, with a new contract being signed.
Should I have my deposit protected now as the tenancy was on a 6 monthly AST, and I had to sign a new AST?

Thanks...

The situation is unclear, and I think it may depend on the exact wording of the contract, or rather it's renewal.

The difficulty arises because you paid the deposit in 2001, and courts appear to take differing views on what the law is; some will say that as you have a new tenancy agreement, the deposit should be protected, others say as the deposit was paid before the effective date, there is no requirement for the deposit to be protected.

I would suggest you seek your own independant legal advice if you want the deposit to be protected, else just accept that its not.

Lisey_Loo

Great link sooz!!! You`re a star!! :T Just what I`ve been looking for...

Lisey_Loo

Premier wrote: »

The situation is unclear, and I think it may depend on the exact wording of the contract, or rather it's renewal.

The difficulty arises because you paid the deposit in 2001, and courts appear to take differing views on what the law is; some will say that as you have a new tenancy agreement, the deposit should be protected, others say as the deposit was paid before the effective date, there is no requirement for the deposit to be protected.

I would suggest you seek your own independant legal advice if you want the deposit to be protected, else just accept that its not.

Ok, thanks for that. I will contact the LL and request my deposit ID number. That should at least make them realise that I`m aware of my rights.

milliebear00001

OK, so should I just contact the LL and ask them to let me have the details of the scheme?

tbs624

milliebear00001 wrote: »

OK, so should I just contact the LL and ask them to let me have the details of the scheme?

You can do it yourself initially via email or phone:

TDS: [EMAIL="deposits@tds.gb.com"]deposits@tds.gb.com[/EMAIL] 0845 226 7837
TDSL: [EMAIL="info@mydeposits.co.uk"]info@mydeposits.co.uk[/EMAIL] 0871 703 0552
DPS: [EMAIL="enquiries@depositprotection.com"]enquiries@depositprotection.com[/EMAIL] 0870 7071 707

Do save a copy of the response email or ask them to confirm in writing if you are checking by phone, so that you have a record of the date on which the check was made.

Once you know for certain you then write to the LL saying that you are aware that under the Housing Act 2004 your deposit should have been registered and "prescribed information" provided to you within 14 days of them receiving your deposit. Ask them to confirm whether they have done this and tell them that if they have not you request that they do it immediately and let you have the full details. (They can sign up and register the deposit onlin the day that they receive your letter - no excuses )

tbs624

Lisey_Loo wrote: »

...moved into my rented flat in December 2001 & paid a deposit of £320. My rent was increased in December 2007 to £400 per month, with a new contract being signed.
Should I have my deposit protected now as the tenancy was on a 6 monthly AST, and I had to sign a new AST?

a decent LL would get it registered but as Premier says there seem to be different interpretations in the few cases that have gone through the courts so far.

A recent case seemed to hinge heavily on the precise legal meaning of the word "received" : ie the LL could only be seen to have "received" the deposit on the date of the original deposit payment,and for any subsequent AST for the same property s/he had simply "retained" it.The Housing Act 2004 says that only those deposits "received" after 6 April 2007 must be scheme-registered. (The legislation *could* IMO have said that where any tenancy deposit forms an integral part of any AST signed after that date then it must be registered..)

Until and unless there any changes Tenants may need to consider insisting on a check out for expiry of the original tenancy and a check-in for the replacement AST with a related pay out and pay back of the deposit itself. But wait....... the LAs see the £££s.... "inventory fees"........as well as "renewal fees" - T can't win either way it seems.

Let your MP and the Housing Minister know about the drawbacks to this badly worded legislation and how they affect you personally, & send a copy letter/email to Shelter too.The private lettings sector is currently under Govt review=ideal time.