Landlord TDS dispute

Planner

Premier wrote: »

There's no obligation on the LL to protect it as it is based on when the deposit was first paid. However the LL may elect to protect it - why not suggest it to him.?

I disagree (of course). The tenancy Deposit should have been subseqently protected when you renewed your AST. Therefore your LL is in breach.

silvercar

Planner wrote: »

I disagree (of course). The tenancy Deposit should have been subseqently protected when you renewed your AST. Therefore your LL is in breach.

On other forums people have disagreed with that advice. If the original deposit was paid before the start state for deposit schemes, there is an arguement as to whether it is necessary for it to be protected.

housesitter

Premier wrote: »

There's no obligation on the LL to protect it as it is based on when the deposit was first paid. However the LL may elect to protect it - why not suggest it to him.?

Even with the extra agreements?
I'm sure I read on here sometime ago that the renewal (actually the signing of a fresh contract with different start dates) so enough to have TDS come into play.

Essentially you should be refunded your depost at the end of the tenancy and give in a new one at the start of the next one.
There has been a break, if only on paper.

And as per the two other posters.
Different people see it differently
I'm not sure which is right.

Planner

housesitter wrote: »

Even with the extra agreements?
I'm sure I read on here sometime ago that the renewal (actually the signing of a fresh contract with different start dates) so enough to have TDS come into play.

Essentially you should be refunded your depost at the end of the tenancy and give in a new one at the start of the next one.
There has been a break, if only on paper.

And as per the two other posters.
Different people see it differently
I'm not sure which is right.

My way of course. Have a look at the three scheme websites at the FAQ and information on there, you will come to the same conclusion.

Premier_2

That's right silvercar.

I 've put the user on my ignore list after he as near as dammit admitted to be posting purely to create an arguement. Trouble is with this site though is people can create as many user ids as they want, I'm sure he'll be back yet again with a yet another new user name

Premier_2

housesitter wrote: »

Even with the extra agreements?
I'm sure I read on here sometime ago that the renewal (actually the signing of a fresh contract with different start dates) so enough to have TDS come into play.

Essentially you should be refunded your depost at the end of the tenancy and give in a new one at the start of the next one.
There has been a break, if only on paper.

And as per the two other posters.
Different people see it differently
I'm not sure which is right.

Yes, it is all to do with when you first handed over the deposit.
The case came to light when students were handing over deposits before the April startdate, yet their tenancy didn't start until July- September.

Please don't be misled by those who have recently joined this forum with the sole intention of disrupting it.


Edit: thought a reliable source might help clarify this

What if I paid a deposit before 6 April 2007?

If your tenancy started before 6 April 2007, then you will not normally be protected by the scheme. However, if you have been given a new tenancy agreement since that date, you should get advice. In this situation, the law does not specifically say that your landlord has to protect your deposit, but the Government has suggested that they should do so. An adviser may be able to help you come to an agreement with your landlord.

http://england.shelter.org.uk/get_advice/advice_topics/paying_for_a_home/tenancy_deposits/deposit_protection_schemes#2

Shame on me! :cool: :rotfl:

housesitter

See even the pages supposedly giving you advice are ambiguous!
Between the heading and the first line on that website, two different situations are given.
Paying the deposit before and tenancy starting before. Two VERY different situations.
No wonder there is confusion!! :rotfl:

Planner

As we are posting links;

Heres on from east Mids stating that depsoit need to be protected on tenancy renewal;

http://www.eastmidlandsdash.org.uk/docs/TDP%20Booklet%20A4.pdf

Heres one from a firm of solicitors saying the same;

http://www.barlowrobbins.com/cms/document/Tenancy_Deposit_Protection_Scheme.pdf

Heres South Norfolk Council saying the same;

http://www.south-norfolk.gov.uk/housing/1808.asp

Heres a property firm saying the same;

http://www.nolettinggo.co.uk/pagebuilder.asp?Id=212

Heres the fact sheet from the goernment saying the same;

http://www.propertyinvestmentproject.co.uk/images/tenantdepositprotection.pdf

The list goes on and on.

Remember, if you fail to protect your tenants deposit on renewal of their AST you will not be able to serve a valid s.21 notice, not to mention the potential financial penalties.

moneysavinmonkey

if you are a landlord then follow Planner's advice and register your tenants deposit!

if you are a tenant then it is probably best to heed Premier's advice - although your deposit should be registered the legislation is new and largely untested so unscrupulous or dim-witted landlords who are not compliant can slip through the loop-holes, and no-one on here can guarantee you will win your case. Essentially, the cheapest thing to do is to communicate with your landlord and settle without going to court if possible, the threat of x3 claim will hopefully at least prompt them into a speedy return of your deposit.

Premier_2

moneysavinmonkey wrote: »

if you are a landlord then follow Planner's advice and register your tenants deposit!

if you are a tenant then it is probably best to heed Premier's advice - although your deposit should be registered the legislation is new and largely untested so unscrupulous or dim-witted landlords who are not compliant can slip through the loop-holes, and no-one on here can guarantee you will win your case. Essentially, the cheapest thing to do is to communicate with your landlord and settle without going to court if possible, the threat of x3 claim will hopefully at least prompt them into a speedy return of your deposit.

I thought the Shelter quote was quite clear.

There has been one case reported on another forum so take it with a pinch of salt if you like, but I can't see why the poster would have bothered unless it was true
It involved a poster who seems to have renewed their tenancy after the April 2007 date and so went ahead with a claim. The poster failed in their claim because:

... The Housing Act 2004 says that a deposit falls under the new legislation if it is paid and received after April 6th 2007. The judge said that she had to consider whether the fact that the deposit was already in the defendant's possession and that it was agreed it would be a new deposit for the new 12 month AST, it was not in the traditional sense paid by me and received by the LL. She ruled that the deposit was paid by me and received by the LL in April 2006, hence the deposit had to requirement for protection. She said that that was her personal interpretation of paid and received and that the HA 2004 was not detailed as to the definition of both. She said that she may be wrong but without the guidance of a higher court ruling and with regret that that was her stance...

http://www.landlordzone.co.uk/forums/showthread.php?t=10810

Maybe there are a judges out there just as dim-witted as those LL's you speak of? The trouble is, its ultimately the judge you have to convince.

Interestingly, I found the same post has been quoted in another forum by a certain user with a very familiar username :rolleyes:
http://www.consumeractiongroup.co.uk/forum/residential-commercial-lettings/138758-tenancy-deposit-case-section.html#post1480018