Question regarding deposit protection via TDS

dgtazzman

Hi all,

I just briefly wanted to know if I would have received a letter from the Tenanacy Deposit Scheme to confirm my deposit was protected.

We rented our current property in 2010, with a renewed 12-month AST in 2011 and since that expired we've been on a rolling contract. The tenancy agreement has a section in it outlining our deposit and that it will be protected by TDS, together with the contact details of the TDS. Strictly speaking, as far as I can tell, this is all that is legally required, but now we're about to end the tenancy, I've been going through the papers and have had to conclude the AST contract is all we have received, no confirmation from the TDS and no detailed inventory.

I've tried using the TDS site to find our deposit, but that keeps coming up blank, so I'm starting to suspect our deposit was actually never protected... I don't intend to take court action, but it would be nice leverage if they decide to get difficult over deductions...

So, briefly, should I have received a letter from the TDS at the time to confirm the deposit was protected?

G_M

First, check ALL 5 deposit schemes: the landlordmay have used a different one. Check them yourself. see:

Deposits (Rules on deposit protection)

Yes, you should have received the 'Prescribed Information' within 30 days of the deposit being registered.

See: Prescribed Information (RLA links to various deposit schemes' documentation)

And you should have had the 'Prescribed Information' re-issued when the tenancy was renewed, AND when it switched to Periodic. See:

Re-issuing PI (when renewing a tenancy - Superstrike Vs Rodrigues - legal guidance)

dgtazzman

Thanks G-M, I did try the other schemes, all drawing a blank and I'm 100% certain we never received any information, other than the section in the AST, so it looks like somebody has been naughty. I do remember thinking it was odd at the time, as with our previous rental, we had a letter from the deposit protection scheme within a week of the tenancy starting, just figured it might have been because of the section dedicated to it in the AST this time round.

More ammunition to put in the cannons if they try chasing us for the cost of replacing the 7 to 8 year old carpet when we leave. Have had to cut out a small corner in the living room as it was fraying so badly, the cat was getting tempted ^^ (no, she didn't cause it, the living room inside door rubbing over the carpet seems to have done it, but I just know what the LA is going to say about it...).

RAS

Well naughty LL!

Any S21 s/he issue is invalid.

You could sue them any time in the next 6 years for up to 3 times the deposit.

dgtazzman

When/how should I bring this up though?

Do I add a request for the DPS information to the letter when giving notice, or do I wait till they try to withhold (partially or completely) our deposit and then tell them I want to go through arbitration, which would pretty much force them to admit the deposit isn't protected, giving me an open door to demand they return it or see them in court...

We are in the process of buying our own house, so we don't need their references, they will have no leverage over us and if need be, I will follow through and see them in court, be it at my own expense or via our home insurance.

dimbo61

They still have your deposit which might well come in handy when you move as new homes can be expensive.
Once you have a move in date CONFIRMED by your solicitor then give notice asking where the deposit was registered.
Write a LETTER not an email,text message, smoke signal, or facebook giving notice and asking for the full deposit back on the day you leave or you WILL SUE

G_M

I would hold off any threats till needed.

Serve notice politely as normal (by letter, by correct date, by letter to correct address) and ask about return of keys, meter reading etc and provide onward address/bank details for return of your deposit.

If you get it back with no problems, either in full or with deductions you feel are fair, I would do nothing.

I'm not an advocate of confrontation, greed or animosity just for the sake of it.

But if you get unfair deduction demands, or unreasonable delay, then you can bring up the non-registration to incentivise rapid deposit return.

Guest101

dimbo61 wrote: »

They still have your deposit which might well come in handy when you move as new homes can be expensive.
Once you have a move in date CONFIRMED by your solicitor then give notice asking where the deposit was registered.
Write a LETTER not an email,text message, smoke signal, or facebook giving notice and asking for the full deposit back on the day you leave or you WILL SUE

Sorry must disagree slightly with this.

I would write to them to return the deposit before ht etenant hands in notice, but when they are ready to.

That way the deposit is returned before they leave.

The OP can sue for upto 6 years after the deposit is paid, so chances are has plenty of time to take the county court route

dgtazzman

As mentioned,

I don't particularly want to go down the confrontation route, I've just been reading the odd review about our letting agent and their tactics when it comes to returning deposits, so I just want a rabbit up my sleeve if we end up in a similar situation.

As long as they are reasonable, then I shall behave in a similar fashion, but if they come demanding money to replace the carpets I mentioned at full value of the new carpets, then I want something to load my cannons with...