Letting agent asking tenant to sign prescribed information forms retrospectively

anselld

None of that is any your problem. It is the LL's mess.

Still cant see any mention of a fee concerning late deposits ...
https://www.tds.gb.com/resources/files/2013/TDS%20and%20the%20late%20protection%20of%20deposits.pdf

Have you spoken to TDS (again not that it is your problem) but it would be interesting to know if the LA is just making stuff up.

someone976

I have spoken to the TDS and they say that the tenancy agreement they have is dated 2005 and so the legilslation was not in place to protect the deposit. As such if they are to be involved they want a fee of £500...

So it looks like the LA has registered our deposit with the TDS in error as it wasn't applicable to our tenancy agreement.

Don't really know which way to go now, either push the LA to sort out their mess and cough up the fees so the TDS can represent me or take the LL to court over disputes regarding amounts she wants to deduct from the deposit!

:mad:

anselld

The TDS dont "represent" anyone anyway, they are supposedly neutral.

So it would seem that the small claims route would be more effective.

tim123456789

someone976 wrote: »

I have spoken to the TDS and they say that the tenancy agreement they have is dated 2005 and so the legilslation was not in place to protect the deposit.

:mad:

This is not correct

the recent changes to deposit protection rules required all "historic" deposits to be protected

tim

anselld

tim123456789 wrote: »

This is not correct

the recent changes to deposit protection rules required all "historic" deposits to be protected

tim

According to ...
https://www.gov.uk/tenancy-deposit-protection/overview
... only if the deposit was taken since 6Apr 2007. This one predates that.

G_M

anselld wrote: »

According to ...
https://www.gov.uk/tenancy-deposit-protection/overview
... only if the deposit was taken since 6Apr 2007. This one predates that.

Correct.

Tenancy started Nov 2005 for 6 months (so no protection legislation in place).correct

May 2006 tenancy became a one month rolling contract (I believe this is referred to as a periodic tenancy and as such is a new agreement at that pointcorrect) (still no protection legislation in place).correct


Some point during 2007 agent changed, not sure of exact date yet. Irrelevant. Change of agent does not affect tenancy.

June 2009 agent changed again (to current agent). Irrelevant. Change of agent does not affect tenancy.

At this point the deposit was protected voluntarily with TDS. Looking at my case info on the TDS website it shows the protection start date as June 2009.

So my questions now:

When the letting agency was changed would I have received a new tetnancy agreement? (I will check this later). Only you would know. Did you sign one? ! It was not necessary.

I assume the first new tenancy agreement after April 2007 should have included a deposit protection? Yes, but from what you say there WAS no new tenancy after April 2007.

If I have never had a new tenancy agreement since May 2006 (as it has been periodic) I assume that there is no requirement for my deposit to be protected Correct - as such my current agent should NOT have registered it with TDS? A LL can voluntarily register if he wishes. Indeed, the government encourages (as opposed to requires) it

I suspect the fee is because the registration was voluntary as opposed to statutory.

I suggest use of the courts.