Tenancy Deposit Protection

Tozer

Hi

Wonder if someone can assist.

Entered into a tenancy agreement (private, unfurnished) in November 2007. A bond of £975 was paid. The bond was secured with The Dispute Service (TDS).

The tenancy has since been renewed twice.

TDS wrote to us in January saying that as letting agent was not ARLA registered, they would no longer be holding deposit. The change would be effective from 5 March.

I have written to the agent several times (email) prior to the cessation of TDS' involvement and have been advised that they are seeking alternative method of holding it. I have since written twice since deposit apparently being released from TDS.

My query - do the Regs requiring 14 days notice apply in this case? I cannot see why they shouldn't.

Also, I assume that the Part 8 claim is made against the landlords. Is there a risk of retaliation by them? My biggest concern is that we want to stay in the property following the expiry of the tenancy on a tenancy at will basis.

Thanks.

m_13

Subscriptions for unregulates agents end on 6th April 2009 so it may be that your landlord hasn't had your deposit back yet:

The Tenancy Deposit Scheme will shortly be writing to all its members who are unregulated agents to inform them that they will have to make alternative arrangements to protect deposits when their subscriptions end in April. It will also be writing to current tenants whose tenancy is shown to have been arranged through an unregulated agent to advise them of the change in protection that can be offered and the course of action to take to ensure protection as the law requires. The agents concerned should advise their tenants and landlords of what they intend to do on their behalf.

What 'course of action' did the TDS suggest you take?

sooz

Tozer wrote: »

Also, I assume that the Part 8 claim is made against the landlords. Is there a risk of retaliation by them? My biggest concern is that we want to stay in the property following the expiry of the tenancy on a tenancy at will basis.

Thanks.

You want to sue your LL, for his agent's failures, & then want to continue to stay in his property, on a periodic basis?
Once the paperwork is up to date, you will almost certainly find that the 'retaliation' will be a section 21.
Your concerns about the deposit are perfectly valid, however, why not address these concerns to the LL.
Get rid of the middleman (the agent) & see if you can secure a reduction in rent to reflect this.

Tozer

Thanks both. Its actually 5 April not March that TDS cover ends.

Just called TDS. To be honest, found them to be pretty clueless. It seems that the agent registered the deposit in May 08 (which was when we renewed for 6 months) although they have a record of cover commencing in December 07. Pretty confusing.

m_13

TDS are still allowing individual landlords to lodge deposits with them so why don't you suggest your landlord protects your deposit him or herself instead of the agent?

Are they considering changing to a regulated agent?

Tozer

m_13 wrote: »

Are they considering changing to a regulated agent?

Not to my knowledge. I was told (about 6 weeks ago) that they were considering alternative arrangements.

tbs624

It's the LL's responsibility to ensure that the deposit is registered- you know that.
You also know that the deposit is ok until 5 April.

The LL ( or his/her new agent) can simply re-register it online on the day it is no longer covered under the TDS scheme through the current non-ARLA agent so, as there is another couple of weeks to go until TDS kick out time , give the LL chance..

Simply make sure that you have his/her name & address from the LA in case there is a subsequent delay in you being notified *who* is actually holding the deposit. Written request for that info under S1 of LL&TAct 1985 gives the LA 21 days in which to comply.

Haven't you mentioned way back in other threads that you are a lawyer?;)

Tozer

tbs624 wrote: »

Haven't you mentioned way back in other threads that you are a lawyer?;)

Sure am. Don't deal in this stuff though!

In fact, I have never practised landlord and tenant law at all so I'm the first to acknowledge when I need help.

mlz1413

Tozer wrote: »

Hi

Wonder if someone can assist.

Entered into a tenancy agreement (private, unfurnished) in November 2007. A bond of £975 was paid. The bond was secured with The Dispute Service (TDS).

The tenancy has since been renewed twice.

TDS wrote to us in January saying that as letting agent was not ARLA registered, they would no longer be holding deposit. The change would be effective from 5 March.

I have written to the agent several times (email) prior to the cessation of TDS' involvement and have been advised that they are seeking alternative method of holding it. I have since written twice since deposit apparently being released from TDS.

My query - do the Regs requiring 14 days notice apply in this case? I cannot see why they shouldn't.

Also, I assume that the Part 8 claim is made against the landlords. Is there a risk of retaliation by them? My biggest concern is that we want to stay in the property following the expiry of the tenancy on a tenancy at will basis.

Thanks.

there is such a thing as a 'tenancy at will' very rare these days BUT are you sure you want that and not a periodic?

Tenancy at Will means EITHER party can end the tenancy on any given day and you will need to be out and leave the property in the correct state by midnight the same day.

Admittedly the upside is rent is only due on a daily basis and so if you end the tenancy before the LL it would be in your favour. It's just if the LL ends before you!

Tozer

mlz1413 wrote: »

there is such a thing as a 'tenancy at will' very rare these days BUT are you sure you want that and not a periodic?

Tenancy at Will means EITHER party can end the tenancy on any given day and you will need to be out and leave the property in the correct state by midnight the same day.

Admittedly the upside is rent is only due on a daily basis and so if you end the tenancy before the LL it would be in your favour. It's just if the LL ends before you!

Yep you are right - it is periodic tenancy that I would want. Thanks for the clarification.

This is not my area at all. Always amazes me how beauracratic tenancy law actually is.

Notlob

If an agent did not renew their membership of the TDS, then there will be a 90 day grace period before the deposit is unprotected. I see no reason why the same will not apply where the agent membership has been terminated due to non membership of an association.

Notlob