DPS registration 31 months after moving in

Abu-Dina

Hi,

We moved into our rented 3 bedroom house back in April 2010.

We've had some issues with the LL (live in AUS) since they came to inspect the property in the Summer during their visit to England.

All this time we assumed that our deposit had been registered with DPS as werented the property through a well-known letting agents in the area.

However, this morning I got an email in my inbox saying that our deposit hasbeen registered with DPS.

Should I call the letting agents to find out why it has taken them 31 monthsto do it and why now?!

Is the LL trying to get us to move out and trying to keep our deposit?!

angrypirate

Be warned. A section 21 is only valid if the deposit is protected.

Alternatively he could just be very poor at managing his finances and he has just been warned by someone that he is breaking the law.

tbs624

angrypirate wrote: »

Be warned. A section 21 is only valid if the deposit is protected.

Alternatively he could just be very poor at managing his finances and he has just been warned by someone that he is breaking the law.

For a s 21 notice to be valid, it must be served *after* the tenancy has started, *after* the tenancy deposit has been scheme registered and *after* the tenant has been given the scheme's full prescribed information within 30 days of the deposits receipt by the LA/LL (all responsibility of the LL)

In the OP's case because the tenancy pre-dates 6 April 212 and was continuing after that date then the LL should have ensured that the deposit was registered no later than 6th May 2012.

T can still head to court on the grounds that the LL failed to meet the relevant deadline and the court must award the T a penalty of not less than 1x , but not more than 3x, the deposit equivalent

The loophole under which a LL could late register a tenancy deposit and then serve a s21 has been effectively closed by the Localism Act as from 6 April 2012. LL would need to repay the deposit in full to the T, or less *agreed* deductions ( & why would T agree any deductions in these circumstances), and any related court case must have been withdrawn, settled or concluded.

Abu-Dina

angrypirate wrote: »

Be warned. A section 21 is only valid if the deposit is protected.

Alternatively he could just be very poor at managing his finances and he has just been warned by someone that he is breaking the law.

Thanks for your reply.

I've spoken to the Letting Agents and they say the reason for the email is because they've changed to a different scheme which is why I got the email to confirm the new registeration.

Abu-Dina

tbs624 wrote: »

For a s 21 notice to be valid, it must be served *after* the tenancy has started, *after* the tenancy deposit has been scheme registered and *after* the tenant has been given the scheme's full prescribed information within 30 days of the deposits receipt by the LA/LL (all responsibility of the LL)

In the OP's case because the tenancy pre-dates 6 April 212 and was continuing after that date then the LL should have ensured that the deposit was registered no later than 6th May 2012.

T can still head to court on the grounds that the LL failed to meet the relevant deadline and the court must award the T a penalty of not less than 1x , but not more than 3x, the deposit equivalent

The loophole under which a LL could late register a tenancy deposit and then serve a s21 has been effectively closed by the Localism Act as from 6 April 2012. LL would need to repay the deposit in full to the T, or less *agreed* deductions ( & why would T agree any deductions in these circumstances), and any related court case must have been withdrawn, settled or concluded.

Thanks for the information. Much appreciated.

tbs624

Abu-Dina wrote: »

Thanks for your reply.

I've spoken to the Letting Agents and they say the reason for the email is because they've changed to a different scheme which is why I got the email to confirm the new registeration.

Really? Have you previously been sent any paperwork relating to a registration with one of the other two schemes? They need to be able to show that your tenancy deposit *was* registered by 6th May2012 *and* that you had received the prescribed information.

What exactly does the email from the LA say about the "new" deposit reg with DPS?