Tenancy Deposit Schemes; change of scheme

sp1987

Quick question at the end in last paragraph as the question alone didn't make much sense;

Deposit taken at start of 6 month tenancy, registered with TDS and details given to tenants. Second tenancy period began when first ended, no details of any changes given. End of second tenancy (ie after move out) mydeposits quoted as the deposit holder, although no transfer details ever provided. When tenants checked TDS it is stated that it did hold a deposit for the first tenancy but no signs of it being with them for any part of the second tenancy period. Obviously the TDS certificate number is not the one required for mydeposits. No other documentation (i.e. a mydeposits certificate) has been provided during either tenancy period.

I can forsee difficulties obtaining the details of the scheme from the landlord/associated agent due to numerous problems previously but presume I can get it from mydeposits over the phone. The online system states that no deposit is protected for Mr X on the ''first'' start date, or on the date the second tenancy began. I'm guessing this may be a glitch.

It seems more hassle than it is worth disputing their claim from the deposit but considering the much improved state of the property I am adverse to allow unfair deductions for cleaning, lol.

Annoyingly this problem has arisen on a Saturday when phone lines are closed so cannot just ring up for a quick answer.

I presume landlords can change deposit protection providers during the tenancy period , or at least between the two tenancy periods, but tenants should surely be at least notified within the same 14 days as when deposits are originally protected? Is this not the case?

Thanks.

clutton_2

At the end of the first 6 months fixed period, mydeposits charge a second fee to the LL who has registered the deposit with them - its around £30 - so i expect your LL has moved to a cheaper scheme.....

he should have informed you of the change of Scheme, but, as long as it is protected.. what's the problem ?

silvercar

mydeposits don't charge if the tenancy becomes periodic, only if a new fixed term contract starts. mydeposits would only know if the fixed period ended and the deposit becaome unprotected (as it was returned or paid over), I doubt they would know if the tenancy became periodic other than it wasn't unprotected.

sp1987

Thank you both for your replies.

It started being protected with TDS and now isn't. Basically our documentation from post check out shows that disputes need to be raised with mydeposits so when trying to log in with the alphanumeric code we have we find it is the code from the certificate we received from TDS during tenancy one. Basically we went back to check the certificates to find that where they are telling us to go and what they have given us to log in are two differing schemes. Yet when one tries to login to TDS (we thought maybe they just wrote down the wrong scheme if it is a standard letter and the agent/landlord uses more than one scheme) it states that only the first period, up to September 2009, was registered with them. The agreements were two successive terms that never became periodic with us moving out at the expiry of the second fixed term.

I am only presuming they have changed to mydeposits as TDS no longer have us and they talk about mydeposits.

The real problem with it is that the agent has terrible service provision (one tenant had no key for the whole of the first tenancy period and only received one when renewal was dependant on being able to get in, not really unfair) and direct contact with the landlord went unresponded (more recently). A request for the landlord's address went unresponded to and in the end the land registry was used to obtain the address to send him a letter. For illustration of how poor the state of common sense was, the agents told us that the deposit details were in the (locked, keys were not provided until locksmiths changed the locks for us a month after moving in) mailbox and as such they were not able to give the details over the phone. After one month when the mailbox was opened and mysteriously this item of mail was not there, they emailed it to us.

I currently cannot raise a dispute because I do not know the code to enable me to log in and start one. My cynical side thinks it is a deliberate attempt to make life difficult but I would not want to presume such a thing . I'm fortunate that funds for a subsequent deposit were available but the problem technically is the hold up and release of the deposit, which is surely what the rules were designed to facilitate.

silvercar

Forget the history. Is the deposit protected now? Phone the three shcems and find out. If not, write to the landlord and give 7 days to return the deposit in full or you will start money claim online for the return of the deposit and the 3 x deposit penalty for not protecting.