Deposit Dispute

pmd123

Hi all

Quick question regarding a dispute...

I entered into an AST last April, for 6 months, this was extended by a further 6 months in October 2013, then in April 2014 I went to a monthly agreement, as I was in the process of buying a property.

When the tenancy ended in August we disagreed over the deposit, which eventually went to TDS on 30th September. As I have heard nothing from TDS or the agents since then, I checked today on the progress on their website, only to find status as rejected.

The reasons for rejection are listed as follows...

the parties have changed their minds about using TDS,
settled amicably,
or because the dispute has been registered too late after the end of the tenancy.

As the first 2 did not happen, I am left with the third option, however the dates given are...

Expected to end on or after: 18-10-2013
End date: 24-08-2014

Could it be that the deposit was not re-registered when the first AST ended? or is there something I am missing? as I believe I had 3 months to raise a dispute from the end of the tenancy.

This is all being done through an agent, but when I spoke with them, they are as in the dark as I am.

Any thoughts on what my next steps should be?

Thanks

pmd123

Grateful if anyone has any thoughts.

princeofpounds

call TDS and ask?

pmd123

Called them, you just get an automated response telling you to check their website

owl_lover

Did you receive any prescribed information from your ll?

pmd123

I did when the initial tenancy was taken out, I have that in front of me, Can't find (nor recall any) when the tenancy was extended.

owl_lover

The mydeposits website states ". We will automatically unprotect a deposit protection 30 days after the fixed term ends unless you inform us tenancy has rolled into an SPT or has been renewed."

Perhaps this has happened, think you'd need to contact the deposit company to find out for sure.
If this is the case you can take ll to court for 1-3 times the deposit amount plus the original deposit back (I think)

pmd123

owl_lover wrote: »

If this is the case you can take ll to court for 1-3 times the deposit amount plus the original deposit back (I think)

That is my understanding of the situation, if the deposit has not been renewed, just not sure if the line...

Expected to end on or after: 18-10-2013

means the deposit was not renewed after the first 6 month fixed term ended.

who would be responsible if this were the case? the landlord or the agent?

Pixie5740

Protecting the deposit is always the LL's responsibility even if they use a LA.

owl_lover

I'm by no means an expert, but it sounds like it hasn't been renewed.

The landlord is responsible.

pmd123

Thanks for the advice, I will call TDS again tomorrow, and see if I can get through to an actual person, rather than an automated response.