Private renting and the Deposit Scheme?

[Deleted User]

Hi,
We have been private renting for a few years now and in that time have lived in a few different houses, due to changes in circumstances, another child etc.

Just enquiring about the Tenancy Deposit Scheme. When we were at House No.1, we had a bond of £725 in place, but didn't realise anything about these required schemes until we moved to House No.2, where we received a letter with our tenancy code confirming our bond of £725 have been registered with TDS with House No.2 details.

However a couple of things have happened since then, we have moved into House No.3 and have not received such a letter and in fact the TDS still shows our bond as being registered to our last house, even though we left there 7 months ago. The other thing is that we also had a letter from the agents saying that they were going to be taking money out of our bond (approx £155) for an unpaid bill at House No.1 back in 2010. We received a letter saying that we owed half of the recent refil of oil for that house, but I know there wasn't any exact way of measuring oil usage in that property, so I don't know how they can justify charging what amount of oil to charge us for? Why not just bill us for us instead of trying to take it out of the bond when the bond at this time had already been registered at the next house???

So now our £725 bond is apparently down to £569 because of a bill for House No.1, but the bond was registered at House No.2 for £725 and now not registered at House No.3 at all.

Not planning on moving our anytime soon, but how on earth would we hope to see the full amount of £725, either given back to us in the future or moved to a different tenancy? It seems that as we do move with the same agents they are being slack as to what they do with our bond and I would like to know for piece of mind that everything is above board and correct.
Hope all this makes sense, what do you think we should be doing about this?

Kynthia

Raise a dispute with the TDS where your deposit is.

[Deleted User]

Have just been chatting this through with my hubby. Technically there isn't a deposit for this house, House No.3, is there?

The £725 bond/deposit is still registered for House No.2, so when we moved into House No.3 we only paid for the month in advance like usual. If I say that our bond has not been registered, couldn't they say that we don't have a bond for House No.3? We didn't sign anything to say that a bond had been paid and no inventory has been done for this house.

Also, the £725 bond that is registered at House No.2, can the letting agent get this back themselves or does it get paid back directly to us? Can the letting agent transfer it to a different house or claim it back without our knowledge? Or does it come back to us first and then it is up to us to pay the letting agent a bond for House No.3? Is there any point having a bond if they haven't done and we haven't signed any inventory for this house?

agrinnall

It is ultimately the responsibility of the landlord to register your deposit, although they may delegate the task to the LA. Unless the three properties have all been owned by the same LL the deposit should have been returned to you each time and then given to the new LL to be registered. Sounds like you have been somewhat lax in understanding what should be happening with your money, and the LA has probably been in breach of the scheme rules.

As Kynthia says, raise it with TDS. My view is that the LA cannot use the deposit in the way they have, and if there was no agreement before starting the tenancy of property 1 on the level of oil before and after your tenancy then I doubt if they would be able to make any charge for refilling against you.

[Deleted User]

We have been with the same LA each time, so could they transfer the bond themselves or would the TDS want to return the money to us first?
There was no inventory for House No.1 and House No.3 where we are now, there was an inventory for House No.2 where the £725 is registered.

When I raise a dispute with the TDS, what will happen?
Do I just say that the LA have registered £725 with them and that we no longer live in that property? Will we get the money back to us first or as House No.3 will the TDS allow the LA to transfer the money to this house?
I'm reading on the internet about 3x the deposit back, but couldn't they say that there wasn't a deposit for the house we are currently in?
What happens,if anything about the fact that money has been registered with a different house even though we moved out? Does the LA get a slapped wrist?! Also, House No.2 is being let now to someone else, can you have two bonds (theirs and mine) registered at the same house?

Sorry for all the questions and thank you for your responses so far! :-)

rentergirl

This sounds like a confusing nightmare for you. Don't assume the letting agents know what they are talking about, or that they will respect your rights. Try writing a letter copied to all parties, sent with proof of delivery, and ask for the situation to be clarified. And yes, raise a proper dispute with the TDS. Good luck.

Kynthia

I'd personally go straight to the TDS and state you have moved out of the property and want your deposit back. I doubt the LA can use your deposit money for the bill relating to the first property unless you don't dispute it so contacting the TDS is priority. Don't go into all the detail with them if you don't have to as it sounds confusing, just say you've moved out.

If you manage to get it back then you can then give it as a deposit on the property you are in now if you have to. Worry about all the other stuff later, concentrate on your money.

G_M

The bond relates to the property. When you leave the property, the bond should be returned to you, less any agreed deductions (or via resolution if disputed).

the bond should not be transferred between properties.

House one - not registered. So was it returned when you left? I guess not. What did the inventory/tenancy agreement say about oil? Did it show the level of oil when you moved in?If not, the landlord has no way of proving you left less oil on departure. If it DID show the originallevel, did you measure/compare when you moved out?

Dispute if appropriate.

House 2: they cannot reduce your bond registered against house 2 for a debt (which is in any case disputed) against another property (house 1) ! So raise a dispute via TDS's dispute process (check their website) on this basis. Landlord of House 2 will have no answer to this. Also request return of your deposit in full from the scheme as the tenancy ended 7 months ago.

House 3: Write to the landlord (name on tenancy agreement) at the 'address for the serving of notices' (usually on TA but may be seperate) - the address may be the LL's, or c/o the agency, or his mum - but this is where you write (cc the agent) requesting your £725 deposit is immediately registered with a scheme. Point out this should have been done within 14 days. Ask for confirmation of registration + your scheme ID details within 5 days. However I'm guessing you never actually paid a deposit for house 3 - since the agent is keeping your house 2 deposit?

So you may have to wait till house 2 deposit is returned (following any dispute process) before paying deposit for house 3 (you may decide not to pay one since you're already installed!) and getting it registered.