Landlord TDS dispute

tbs624

housesitter wrote: »

My deposit was paid on 04/04/07,
I have a receipt from the LA dated 22/04/07 stating for deposit plus first month rent, the date of the start of my first tenancy.

I have signed two further new SLA contracts since that date.

So, should my LL/LA have protected my deposit either then, or by now, or not at all?

I would say that your LL has in effect received your deposit on the 22 April so should have scheme-registered it.

Planner

Premier wrote: »

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:

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

Guilty as charged. However, things have moved on a bit since April 2008. Did you know the Victorians used to use Arsenic as a beauty product? Interesting, but as equally behind the times.

And thanks for digging up that old decision from LLzone forums, as you obviously agree with it contents (you wouldnt have posted it otherwise would you), I shall us it in all future TDS discussions with you and point out how you have quoted it as a supporting piece of case law. I particular liked;

The judge made the following comments:

2. The fact that the LL had subsequently protected the deposit made no difference to the case. It would still lead to judgement for either return or protection + x3 penalty.

3. It was an absolute matter, with no case for morals or discretion on a penalty, it was all or nothing.

kj616

By way of an update, I thought I'd let you know that our LL agreed to settle our dispute for the total of £4,000.

We wrote our letter before action requesting that he pay us £10k or face legal proceedings. LL first offered to return the deposit in full then subsequnetly regstered the deposit with DPS.

We replied stating that his offer to return the deposit in full was not acceptable but that we would be willing to take £4k in full and final settlement. LL agreed to our terms.

LL has authorised the return of the full deposit from DPS which we are awaiting and we've just cashed his cheque for the additional sum.

Thanks for the various advice.

Planner

kj616 wrote: »

By way of an update, I thought I'd let you know that our LL agreed to settle our dispute for the total of £4,000.

We wrote our letter before action requesting that he pay us £10k or face legal proceedings. LL first offered to return the deposit in full then subsequnetly regstered the deposit with DPS.

We replied stating that his offer to return the deposit in full was not acceptable but that we would be willing to take £4k in full and final settlement. LL agreed to our terms.

LL has authorised the return of the full deposit from DPS which we are awaiting and we've just cashed his cheque for the additional sum.

Thanks for the various advice.

Excellent news. Well done. Another slap for Premier :T

kj616

Indeed - thanks for your help Planner.

moneysavinmonkey

Congratulations. Sounds like a good result and the Landlord won't make the same mistake again! Thanks coming back and for posting a follow up.

Troubled_Joe

Planner wrote: »

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.

I acted for a Landlord client in defending a TDS claim based on the renewal of a tenancy.

The DJ heard my client's possession claim and the tenant's TDS claim at the same time. He dismissed the TDS claim and ordered possession and costs to my client.

Planner

Troubled_Joe wrote: »

I acted for a Landlord client in defending a TDS claim based on the renewal of a tenancy.

The DJ heard my client's possession claim and the tenant's TDS claim at the same time. He dismissed the TDS claim and ordered possession and costs to my client.

I bet you where rubbing your hands in over charging glee?!

Lucky that both the posters listed here got substantial sums without even having to engage the services of your 'profession'.

If you could post the details?

Troubled_Joe

Planner wrote: »

I bet you where rubbing your hands in over charging glee?!

Lucky that both the posters listed here got substantial sums without even having to engage the services of your 'profession'.

If you could post the details?

No, I charged them a fair price that was explained to them in detail beforehand. They were very happy with the service, price and result.

I don't understand why the word "profession" is in inverted commas in your post.

If by "could I post the details" you mean could I breach confidentiality then no. I'll answer any questions you have that would not lead to a breach though.

Planner

Troubled_Joe wrote: »

If by "could I post the details" you mean could I breach confidentiality then no. I'll answer any questions you have that would not lead to a breach though.

Why was it not dealt with in the county court?