deposit scheme.

tbs624

p_joker wrote: »

... At the same time i'd like to think its just a mistake on our part and they really have kept it in a scheme as we wont necesicarily have to go through the courts if it comes to that.

Sorting it via the County Court is usually quite straightforward. Guidance is available

vaporate

You shouldn't have to tell the landlord to put the dough in a protecton scheme as it is their responsibility as a landlord to know the law.


Secondly, if he/she don't, it can be used as a come back if they screw you around later...

tbs624

vaporate wrote: »

You shouldn't have to tell the landlord to put the dough in a protecton scheme as it is their responsibility as a landlord to know the law.

You are absolutely right Vaporate but it makes sorting the return of your deposit more straightforward if you insist that the useless and the charlatans amongst LLs get on and register your deposit.

vaporate wrote: »

Secondly, if he/she don't, it can be used as a come back if they screw you around later...

If the legislation worked in the way in which it was intended, and that 3x penalty was applied in every case in which a LL failed to scheme register the Ts deposit, then I'd agree with you but the award of that penalty is currently a lottery. The only benefit to keeping quiet about the lack of registration is if the T is particularly vulnerable to being slapped with a s21 in the not too distant future as obviously the s21 would be invalid, until such time as registration *was* made, so affording the T extra time.

p_joker

We had a reply from the Landlord saying we have been great tennents and if we can get the house as clean as poss it would be great blah blah blah and nothing about where their holding our deposit.

tbs624

In which case, assuming property in Eng/Wales

New letter to the LL/LA, headed "Letter Before Action".

I paid a tenancy deposit to you on (date) in respect of my tenancy of the above property and ,having checked with each of the three tenancy deposit schemes, I understand that my deposit has not been registered with any of them.

It is a requirement of the Housing Act 2004 that my tenancy deposit should have been registered by you within 14 days of receipt, and that the scheme's "prescribed information" should have been provided to me.

You have ignored my request for information on the whereabouts of my deposit (letter dated xx/xx/xx) and so unless I receive confirmation from you within the next 48 hours that:

(a) my tenancy deposit has been registered, and
(b) you will be providing me the scheme's relevant information

I intend to proceed to the County Court without further notice to you.

My claim will be for the return of my deposit in full/or it's immediate registration, the award of a penalty payment of three times the deposit amount, plus my courts costs (see the Housing Act 2004, s213-5)

Note that there is no guarantee that you would be awarded the 3x penalty payment and if a LL registers the deposit prior to a court hearing he may get away with that late registration. The threat of court action may be enough to nudge him into action.

theartfullodger

(Just in case) Deposit schemes only mandatory in Engerland&Wales

kmmr

And also only if the AST started after April 2007. How long have you been in the house?

tbs624

kmmr wrote: »

And also only if the AST started after April 2007.

If the deposit was originally received prior to 6 Apr 2007 but a new Fixed Term requiring a deposit has been signed for since then, the deposit should have been scheme registered at that point.

p_joker

we moved in june 2008