Deposit not in a protection scheme - how can I be sure?

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Hi there,

I've recently moved out of a rented flat. I began the tenancy in Feb 2007, then renewed tenancy in Sept 2008 signing a complete new tenancy agreement under joint names with my then new flat mate.

As I understand it, the new tenancy agreement means that the deposit should be placed in a deposit protection scheme:

"What happens if the tenant has a tenancy agreement that was taken out before 6 April 2007 but he continues occupying the property after the end of that tenancy?

For a replacement/renewal tenancy - This is a new AST and so TDP will apply. The deposit previously paid under the earlier tenancy is repayable to the tenant at the end of that tenancy, so it should be returned to the tenant. Alternatively, if the landlord wishes to continue to hold it as security in respect of the new tenancy it must be protected under scheme." Source: http://www.communities.gov.uk/

I've checked with the 3 deposit protection schemes listed on direct.gov.uk and have emails from all to say the deposit is not in one of their schemes:

1. Mydeposits: "Unfortunately the rented property address contained in your email is not protected by our Scheme. The Landlord / Agent may have protected the deposit with one of the other Government appointed schemes"[FONT=&quot]
   
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2. The Dispute Service: "It doesn't appear that the deposit in question is protected with the TDS, please request confirmation with your agent/landlord in the first instance."
3. The Deposit Protection Service: "I have checked our database for records using the details you have provided and have found that we are not currently protecting, nor have we ever protected a Deposit for you at that address."

The former landlord has pushed me to take these investigative steps, after charging me 80% of the costs to recarpet the whole flat, when really the flat was left in a very good condition. I sought the name of the TDS in order to take the dispute further.

When I asked recently if the deposit was in a scheme the landlord assured me that it was, but hasn't provided any details. He has many properties and is a professional landlord, so I can't imagine why he would take this risk.

Since finding out the information from the 3 TDS' above, I left a message & an email with my landlord stating that we should reconsider the approach to how my deposit is returned in order to avoid court action, but I have had no response. I cannot get an answer on his phone.

Is my only option now to begin court proceedings, following a letter before action?

Is there any possibility that the landlord knows something I don't, and could potentially pull the rug from under my feet in the court room?

I feel like I've only got one shot at this, I need to get it right!

Thanks,
T_O

clutton_2

Did you sign an inventory on move in and one on move out ?

you may want to search Eagerlearner 's thread on here about how to get money out of a difficult landlord who had with-held a deposit....

and - yes - court is your only option.. it is not difficult.. but it can be time consuming

do you have a home address for said LL - that is the first step...

read the above thread, and then come back for additional questions (set aside about 2 hours to read it tho !!!)

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Thanks clutton - I will do some reading of that thread when it's a more suitable time of day There was an inventory when I moved in, but the landlord did not show up when I moved out so I dropped the keys off with a third party (after taking many pictures of the property.)

Reading around after my initial post, I've found that I shouldn't get caught up in the issue with the carpets, but focus solely on the fact that the deposit was not protected. It is for the landlord to then pursue case with the carpets separately, which is unlikely.

Thanks for your help!

clutton_2

there are 2 court cases in the high court held on may 7th 2010 (if memory serves me) re deposits ... the 2004 Act was so badly worded that there has been a plethora of different rulings on it... These two cases hopefully will provide land-mark rulings...

i would hang fire till these are decided and the rulings published..... you have 6 years in which to take the LL to court anyway.....

have a good read also of www.landlordzone.co.uk - there are several professional solicitors who post regularly on there..

whatever the rulings... you will need an address for your LL

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clutton wrote: »

there are 2 court cases in the high court held on may 7th 2010 (if memory serves me) re deposits ... the 2004 Act was so badly worded that there has been a plethora of different rulings on it... These two cases hopefully will provide land-mark rulings...

Clutton - do you happen to have any more info on these, or where I may find updates when the cases are completed?

clutton_2

it'll be on www.landlordzone.co.uk somewhere - sorry cannot recall the exact reference