Landlord witholding deposit - no TDS

CK140

My tenancy agreement has a six month break clause in, and I gave the landlord the required one months notice to move out. It was only upon enquiring what scheme my deposit was registered in that I have discovered my landlord never gave the deposit to a scheme. It says in my tenancy agreement 'deposit will be held by Landlord'.

I have a feeling my landlord will be very awkward, as his past history suggests. He does not do repairs/maintenance when necessary etc, and also is not happy I am choosing to move out before the end of the fixed term, despite giving the required notice.

I am almost positive I will have difficulties getting my deposit back, despite the house being returned in an excellent condition.

I understand all deposits must be held in TDS. Does it make a difference that I was informed it would be held by the landlord?

Also, can anyone advise me what is the legal process forthen claiming it back off the landlord if he continues to withold it?

Many Thanks.

honeyD

Take photos of the rooms before you leave.
If the deposit is not in a scheme then you may have to take him to court to get it back. It is the law for the LL to protect the deposit in a scheme and by not doing this he is breaking the law, so it doesnt matter that it says it is being held by LL.
Someone with more knowledge will be along soon, Im sure.

bellrooster

I was in a similar situation with my landlord at a previous property. I didn't find out until the key handover at the end of the tenancy that the property wasn't in a dps. The LL wanted to keep the deposit, but I soon got it back in full when I sent a letter before action threatening court action.

The LL could have to pay the deposit plus the x3 penalty if he doesn't pay it back, he might not know this and reminding him might be enough of an incentive to pay it back.

Insomniac666

I'm in same position too, so i'm going to tell LL to use my "non protected" money as my last months rent.... seeing as it's not an offical deposit.

Mouseman

Insomniac666 wrote: »

I'm in same position too, so i'm going to tell LL to use my "non protected" money as my last months rent.... seeing as it's not an offical deposit.

Whilst possibly convenient, this doesn't disssuade lanlords from not protecting future deposits in the correct manner!

OP, make sure you have lots of evidence of the condition in which the place was left (datestamped photos with the day's newpaper in I guess). Write to the landlord informing him that the deposit must be protected, no matter what stupid clauses he decides to write into the contract. Advise them that NOT doing so leaves them open to persual of three times that amount but that if they protect your deposit immediately, you'll not actively persue the matter. Then your money is safe.

OR

Move out, get him to declare on paper that he's happy with the state of the place, then sue the ar5e off him for not protecting the deposit. :T

Insomniac666

i agree that it doesn't sort future deposits, but I will be informing him of the broken clauses I've been given from another thread, after I leave (so there are no issues)

chappers

To the OP
Is your tenancy in england and wales
Is the annual rent below £25,000

itsallinthemind

Personally I would write a letter to LL asking for the prescribed information in relation to the TDS.

If he fails to do so then take him to court for the return of the deposit and 3 x the deposit, plus interest, plus court costs and any other amounts as a cause of failure to protect your money.

Have you got a signed inventory?

clutton_2

has the LL got any money ? pointless suing him if he has none.....