LL not put deposit in TDS

craigdevon

Hi all,

I have an assured shorthold tenancy agreement and am coming to the end of the 6 months and wish to move out.

The agreement states the following :

A security DEPOSIT of £600 has been paid by the tenant on the signing of this agreement. The Landlord will hold the security deposit and any interest earned will belong to the Landlord.

Now, they have obviously not put it in a TDS but I am wondering if, by signing the agreement, I have waived my rights for it to be in a TDS.

I am getting really worried now as when I asked the LL when I will get my deposit back I was told :

"Sometime after you leave we will visit and then it will be 4-6 weeks after that"

The agreement also mentions an "inventory" but there is no inventory at all.

I really don't think my deposit will be returned - any advice would be much appreciated.

BitterAndTwisted

It's a statutory requirement to protect your deposit and you cannot sign it away by being issued with an old/dodgy tenancy agreement.

Under the circs I would WRITE to the landlord (A proper letter sent in the post. No text messages, emails or private messages on Facebook or anything else) and ask them which scheme has been used to register your deposit. Mention that the courts have been known to award a penalty of up to three times the deposit value for non-protection.

The agreement can mention an inventory and if there was one it should have been attached to the agreement for you to counter-sign. If there never was one with your signature your landlord will not be able to rely on it even if one exists.

If you really are in fear of not getting your deposit back I would think very carefully about not paying your last month's rent.

dimbo61

IF! the Landlord had paid the deposit into the DPS he/she has 10 working days to return your deposit.
This is not the case and you need to write the letter as B&T has already stated

thesaint

When does the fixed term end?