The tenancy deposit scheme-should my LL put my bond in it?

bayon

Hi all
I paid my bond to my LL 6 years ago. The tenancy deposit scheme came into effect a couple of years ago didn't it? Should my LL have paid my bond into it when it came into being? I'm moving soon and even though everything is fine in my flat I have a feeling the greedy LL will keep it. If they don't give my bond back(and my gut feeling is they won't-they are not nice people) can I do anything?
Thanks for any replies.

MX5huggy

Does not need to be in a scheme, if you dont get it back you have to go to court to get it.

Planner

This is not necessarily accurate. Whether or not the deposit should have been protected will depend on (anongst meeting the other relevant criteria) whether or not you have signed a new tenancy agreement for the property on or after 6th April 2007. If you have the deposit should be protected, and you should ask your LL to do it without further delay.

If the above isnt the case then, if the LL witholds your deposit at the end of the tenancy and you can reach an agreement through negotiation, you will have to submit a claim to the county court.

tbs624

Bayon - invite the LL round to the property 10days/2 weeks before you are due to leave to discuss the deposit and the condition of the property: this gives you chance to sort anything that the LL may deem to be reason to try to withhold any money.

Once s/he has been you then write him/her (keeping a copy) saying "thank you for calling on (date) when it was agreed that (a) (b) etc I confirm that I'll be taking meter readings on the day I move out and will arrange for my mail to be forwarded to my new address. " Also confirm what you will be doing with the keys to the property and finish by saying you look forward to receiving yourthe return of your deposit of £xxx.

If you don't hear from him/her within 14 days of moving out, you then write another letter (again keep a copy) stating the property address, the "from and to" dates of the tenancy, the amount of deposit paid and when it was paid and say that you would like the return of your deposit within the following 7 days.

If s/he phones, you write following it up with confirmation of the content of that conversation. If he wants to make deductions he has to confirm them in writing and you can then challenge them if you think you have grounds to do so.

Next letter is a letter before action.

Post back & let us know how you get on.

tbs624

Planner wrote: »

This is not necessarily accurate. Whether or not the deposit should have been protected will depend on (anongst meeting the other relevant criteria) whether or not you have signed a new tenancy agreement for the property on or after 6th April 2007. If you have the deposit should be protected, and you should ask your LL to do it without further delay.

It did seem as though this would have been the original intention of the law, and certainly some of the govt websites suggested this to be the case.

However, the judgement in a recent tenancy deposit court case suggested that it hinged on the interpretation of the word "received". If the LL received the deposit 6 years ago , the argument would be that he has "retained" rather than received it for any contract signed after 6 Apr 07. The suggestion is that it is not when the tenancy agreement is signed, but when the deposit is actually paid that counts. (IMO this is a nonsense since clearly the deposit forms a key part of the terms of the new contract.)

Although that was a Co Court judgement, until there are more cases to test the issue the situation is unclear.However, in future cases where a LL wants a tenant to renew it would be worthwhile the tenant saying that as part of that commitment they want their deposit registering from the date of the new Fixed Term. Unfortunately it looks as though it may be up to the LL whether he wants to do so.

Personally I would like to have seen legislation that required *all* tenancy deposits currently held by LLs to be registered under one of the schemes, regardless of how long ago the money was paid across.

Planner

tbs624 wrote: »

It did seem as though this would have been the original intention of the law, and certainly some of the govt websites suggested this to be the case.

However, the judgement in a recent tenancy deposit court case suggested that it hinged on the interpretation of the word "received". If the LL received the deposit 6 years ago , the argument would be that he has "retained" rather than received it for any contract signed after 6 Apr 07. The suggestion is that it is not when the tenancy agreement is signed, but when the deposit is actually paid that counts. (IMO this is a nonsense since clearly the deposit forms a key part of the terms of the new contract.)

Although that was a Co Court judgement, until there are more cases to test the issue the situation is unclear.However, in future cases where a LL wants a tenant to renew it would be worthwhile the tenant saying that as part of that commitment they want their deposit registering from the date of the new Fixed Term. Unfortunately it looks as though it may be up to the LL whether he wants to do so.

Personally I would like to have seen legislation that required *all* tenancy deposits currently held by LLs to be registered under one of the schemes, regardless of how long ago the money was paid across.

I wasnt thinking of government websites, I was thinking of the FAQ/information on all the schemes websites which say that deposits taken before 6th April 2007 should be registered if agreements are subsequently renewed after 6th April 2007. Better to be safe than sorry!

silvercar

Planner wrote: »

I wasnt thinking of government websites, I was thinking of the FAQ/information on all the schemes websites which say that deposits taken before 6th April 2007 should be registered if agreements are subsequently renewed after 6th April 2007. Better to be safe than sorry!

I think the scheme websites are biased, they want the deposits because (certainly for the insurance based ones) they get paid to hold them.

Premier_2

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

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.