Tenants' Deposit Scheme

ET121

Does anyone know anything about the Tenants Deposit Scheme? My friend told me that Foxtons were in trouble for not informing their tenants of this new regulation and for not sending them proof of deposit? She also mentioned that you could sue the landlord / property agents for not sending this information to you.

I am one of Foxton's tenants and have not received any such letter.

Any advice would be very much appreciated.

Thanks.

50plusabit

The TDS started April 07, if you were a tenant prior to that you will have the old deposit, LL or Agent holding.
If you moved in after April07, the the agent / LL must put your deposit into a TDS, they then have to give you details of that scheme. If the deposit is not registared with the scheme, the LL or agent can be fined 3.5 x the deposit.
You not having a form might be due to the date your agreement started.

ET121

I moved in 4 years ago, so I guess we don't qualify. Thanks for the reply. Am I correct in thinking that when I get my deposit returned, it should include all the interest accrued on the amount as well?

Thanks again.

BrixMorta

It doesn't matter that you have been there 4 years - If you renewed your tenancy since April 2007 on a fixed term basis then your deposit should have been protected.

Who gets the interest should be outlined in your AST.

ET121

so, if I have renewed my tenancy twice since then (once in May 2007 and once in May 2008), I should have received notification that my deposit is being protected, per the Tenants' Deposit Scheme regulations?

Thanks.

BrixMorta

Yes, if you took out a new fixed term after April 2007 your deposit should have been placed in one of the protection schemes. This would not have applied, however, if your tenancy continued on a periodic basis (month to month)

Notlob

BrixMorta wrote: »

Yes, if you took out a new fixed term after April 2007 your deposit should have been placed in one of the protection schemes. This would not have applied, however, if your tenancy continued on a periodic basis (month to month)

Current thinking by some doubts this viewpoint, so pursue at risk of losing and notice served on you to vacate!

Notlob

Generali

Apparently the view that the courts are taking is if you start procedings and the LL then puts the deposit into the scheme then that's good enough and you don't get 3xdeposit from them.

tbs624

50plusabit wrote: »

The TDS started April 07, if you were a tenant prior to that you will have the old deposit, LL or Agent holding.
If you moved in after April07, the the agent / LL must put your deposit into a TDS, they then have to give you details of that scheme. If the deposit is not registared with the scheme, the LL or agent can be fined 3.5 x the deposit.
.

This is misleading IMO - two out of the three schemes are non-custodial, so the deposit itself may still be held by either the LL or the LA even when it has been scheme-registered. The payment possible through the courts is equal to 3 times, rather than 3.5 times the deposit.

ET121 wrote: »

so, if I have renewed my tenancy twice since then (once in May 2007 and once in May 2008), I should have received notification that my deposit is being protected, per the Tenants' Deposit Scheme regulations?

As some of the others have said, although many LLs do register deposits in these circumstances, in a recent court case the judge focused on the meaning of the word "received".

The view was that when a tenancy is renewed the LL does not receive the deposit but retains it - poor legislative wording in the Housing Act , as the requirement is to register all deposits received after 6 April 2007. Needs more cases through the courts for further clarification.

conner1

Am I interpreting this correctly - A tenant say paid a bond in 2004
to the LL and stays at the same address. After April 2007 the LL issues
a new tenancy agreeement, and the same bond is retained. This situation is
excempt from the Tenants deposit scheme and no penalty can be made against
the LL for failing to comply with it as the bond was retained and not received.

conner1

Am I interpreting this correctly - A tenant say paid a bond in 2004
to the LL and stays at the same address. After April 2007 the LL issues
a new tenancy agreeement, and the same bond is retained. This situation is
excempt from the Tenants deposit scheme and no penalty can be made against
the LL for failing to comply with it as the bond was retained and not received.

Most grateful for any advice