Very important problem with Landlord TDS

Lellos92

Hi guys , i'm italian and i don't know a lot about the UK law and about the deposit and TDS , so i'm writing here to find an help.

I had got a contract until the 31/01/2014 , but the 29 on November i gave notice to the landlord (ex) that dicember would be the last Month of the contract, because i decide to move in another flat with a different owner . So i gave to him 1 month notice to end it ( it is write in the contract) .

The problem start now, i didn't recive yet my 300£ deposit, he told me that he had problem to unblock the deposit during the Christmas (???) period , and the SCHEME did'nt permit this....... (???)

However , today is 29 and i'm without my deposit, he said that i will have this the 31 of January , but he said the same things last week, and last week too . ( how much is long this Christmas ???? 60 days? xD) GOV.UK say :

If you and your landlord agree how much deposit you’ll get back, it must be returned to you within 10 days of the tenancy ending.

The curious thing is when i asked to him where he putted my deposit , he didn't tell me. So i went to the CAB to ask information about where i can find my deposit, and they gave to me 3 web site where i checked .... and i didn't find anything, neither for me, neither for one of my friend who still have an active contract with this landlord since November ( like me) ( AND YES i did'nt recive any information about where is the deposit neither in write , neither via post ) The GOV.UK say :

Within 30 days of getting your deposit, your landlord must tell you:

the address of the rented property
how much deposit you’ve paid
how the deposit is protected
the name and contact details of the tenancy deposit protection (TDP) scheme and its dispute resolution service
their (or the letting agency’s) name and contact details
the name and contact details of any third party that’s paid the deposit
why they would keep some or all of the deposit
how to apply to get the deposit back
what to do if you can’t get hold of the landlord at the end of the tenancy
what to do if there’s a dispute over the deposit

So my "ex-landlord" for first told me that i cannot find it because now is not possible to see it because is not more in the Scheme... ( bu*lish**)because i checked with the deposit of my friend, and also him don't find it ( read up here) . Then he told me that in UK there are also other different institutions that deal with Deposit and there are not only the 3 of the GOV.UK . ( So my first question, Is he saying the truth ??)

After this discussion he called me telling that he is only an intermediary between me and an agency .... So he is not the true landlord . But MUSTED he put my deposit in a TDS ????

GOV.UK :

Deposits made by a third party
Your landlord must use a TDP scheme even if your deposit is paid by someone else, like a rent deposit scheme or your parents.

If I have made ​​mistakes or offended someone I apologize for my ignorance in this area.

I'm so sorry for my poor English, please forgive me , and help me :A !

No offensive , or unnecessary post please

Regards from Liverpool !

Pixie5740

Assuming you were a tenant and not a lodger...

If the fixed term of your lease ends 31st January 2014 then you are liable to pay rent until then regardless of whether you are still living in the property or not unless you have negotiated early surrender with the landlord. Do you have anything in writing from the landlord agreeing to end the tenancy early?

As for the deposit it sounds like the landlord is messing you around. Within the first 30 days of receiving your deposit your landlords should have placed it in one of the deposit protection schemes and given you the details of where it is being held. Write, using pen and paper, to the landlord formally requesting details of where the deposit is being held and that you want the deposit back in full. You can at this stage, or later point out that failure to protect the deposit could lead to you suing him for up to 3 times the deposit. That ought to put the wind up him (scare him into action).

The landlord is responsible for protecting the deposit he is not just an intermediary.

Guest101

Lellos92 wrote: »

Hi guys , i'm italian and i don't know a lot about the UK law and about the deposit and TDS , so i'm writing here to find an help.

I had got a contract until the 31/01/2014 , but the 29 on November i gave notice to the landlord (ex) that dicember would be the last Month of the contract, because i decide to move in another flat with a different owner . So i gave to him 1 month notice to end it ( it is write in the contract) .

The problem start now, i didn't recive yet my 300£ deposit, he told me that he had problem to unblock the deposit during the Christmas (???) period , and the SCHEME did'nt permit this....... (???)

However , today is 29 and i'm without my deposit, he said that i will have this the 31 of January , but he said the same things last week, and last week too . ( how much is long this Christmas ???? 60 days? xD) GOV.UK say :

If you and your landlord agree how much deposit you’ll get back, it must be returned to you within 10 days of the tenancy ending.

The curious thing is when i asked to him where he putted my deposit , he didn't tell me. So i went to the CAB to ask information about where i can find my deposit, and they gave to me 3 web site where i checked .... and i didn't find anything, neither for me, neither for one of my friend who still have an active contract with this landlord since November ( like me) ( AND YES i did'nt recive any information about where is the deposit neither in write , neither via post ) The GOV.UK say :

Within 30 days of getting your deposit, your landlord must tell you:

the address of the rented property
how much deposit you’ve paid
how the deposit is protected
the name and contact details of the tenancy deposit protection (TDP) scheme and its dispute resolution service
their (or the letting agency’s) name and contact details
the name and contact details of any third party that’s paid the deposit
why they would keep some or all of the deposit
how to apply to get the deposit back
what to do if you can’t get hold of the landlord at the end of the tenancy
what to do if there’s a dispute over the deposit

So my "ex-landlord" for first told me that i cannot find it because now is not possible to see it because is not more in the Scheme... ( bu*lish**)because i checked with the deposit of my friend, and also him don't find it ( read up here) . Then he told me that in UK there are also other different institutions that deal with Deposit and there are not only the 3 of the GOV.UK . ( So my first question, Is he saying the truth ??)

After this discussion he called me telling that he is only an intermediary between me and an agency .... So he is not the true landlord . But MUSTED he put my deposit in a TDS ????

GOV.UK :

Deposits made by a third party
Your landlord must use a TDP scheme even if your deposit is paid by someone else, like a rent deposit scheme or your parents.

If I have made ​​mistakes or offended someone I apologize for my ignorance in this area.

I'm so sorry for my poor English, please forgive me , and help me :A !

No offensive , or unnecessary post please

Regards from Liverpool !

Hey op,

You need to clarify, was this a joint tenancy ( both you and your friend on the same contract)

Who was the landlord on the contract?

And when did you start the contract and for how long?

The person is wrong, only 3 companies run the scheme, but the questions will help answer correctly

BitterAndTwisted

Even if the deposit was correctly registered it's unlikely that the scheme would release the tenant's money before the last day of the fixed term.

The OP needs to clarify that it was indeed a fixed-term AST ending on the last day of January rather than a lodger's agreement, a joint-tenancy or anything else.

That the tenancy agreement has a break-clause allowing either party to bring the agreement to an end before the last day of January.

I have a feeling that the landlord is going to argue that the deposit will be forfeited because the tenant failed to pay the last month' rent.....

Lellos92

Thank you very much for your Help

The person is wrong, only 3 companies run the scheme, but the questions will help answer correctly

.I apologize for using the support of my friend as an example , but we don't have the contract in common ( is that the joint tenancy right ?)

Unfortunatly i don't have anything in write, and i don't Know who is the true landlord, .... He didn't tell me

I have a feeling that the landlord is going to argue that the deposit will be forfeited because the tenant failed to pay the last month' rent.....

I knew other people who terminated the contract with this landlard after one or in some case two week, and they waited and they waited 7 to 58 day to recive it back.

I have a feeling that the landlord is going to argue that the deposit will be forfeited because the tenant failed to pay the last month' rent.....

He always paid the deposit , also for the examples Up here , but they waited a lot of time like me .

Thank you very much for your help , now i will ask something face to face to a CAB !

Nice to "meet" you !

BitterAndTwisted

Your tenancy agreement should have the name and address of your landlord under the bit where is says "For the serving of notices". That's if you were a tenant rather than a lodger: did the landlord also live in the property with you?

Lellos92

I found the adress of the agency ( HIS AGENCY)

But I already tried this adress to the 3 scheme deposit sistem ( and i also putted the surname of the general manager of this Agency, but nothing appear ...
No my exlandlord didn't live with me

The Landlord got a little scared, and he told me that he will give to me the deposit 100% the 31 of January, THIS because i wrote somenthing bad about him and his agency on a group on Facebook. ( HE GOT UP, WOW) Because before this he didn't answer to my text about the ID tenancy ....

Zorz_2

Lellos92 wrote: »

I found the adress of the agency ( HIS AGENCY)

But I already tried this adress to the 3 scheme deposit sistem ( and i also putted the surname of the general manager of this Agency, but nothing appear ...

You're supposed to search with your address (where you used to live) and the lead tenant's name.

Lellos92

I have done also THIS, my adress, my surname ... and nothing.I tried a lot of combination . He told me that he didn't put the Deposit in these 3 GOV.UK Scheme but in a different Institution ... I'am always waiting some information from him about WHERE IS , but he don't want to answer .

G_M

* IF your landlord does not live with you, then you have an AST (Assured Shorthold Tenancy) and your deposit should be registered. It sounds like it is not, so you could sue him in the courts for a penalty (3 times the deposit).

* If you agreed a Fixed Term till 31 Jan, then you cannot end the tenancy before then unless the landlord agrees. You do not say he agreed, so it seems you must pay rent till 31 Jan. If you do not, he can use your deposit.

* It makes no difference if your tenancy agreement was written, or verbal (spoken). The Fixed Term is whatever was agreed at th start.

* If you have no address to write to him ("for the serving of notices") you do not need to pay rent (he HAS to give you an address). However it is a bit late now! Often the address is c/o an agency (Care Of) and that is fine. Any official communication with the lanlord (eg asking for your deposit) should be sent by LETTER to that address.

Lellos92

Thank you G_M . To answer you, i didn't recived any letter since the first day of my permanence in the House . I was there from 5/11/2013 till 5/01/2014 , I gave notice to them the 29/11/2013 that dicember it will be the last month

but the 29 on November i gave notice to the landlord (ex) that dicember would be the last Month of the contract, because i decide to move in another flat with a different owner . So i gave to him 1 month notice to end it ( it is write in the contract) .

. HE AGREED verbaly and this notice is ok for the contract ( min 1 month ( end of contract 31/1/2014))