some advice re deposit scheme and interest - estate agent delete claim

broadpaws

Hello guys,

I wonder if you might be able to help me on a couple of points - After nearly 9 years of being a tenant here, our landlord has been a pain in the last few months now that things like oven need changing, electric faulty etc etc - so onwards and upwards - handed in notice on Saturday.

Its at this point I pull out my deposit paperwork and log into TDS scheme, only for nothing to come up - slight alarm bell (but I have the certificate in front of me that shows it was deposited) So I go on live chat today only to be told that the :deposit protection was deleted on 13/1/2009 (we moved in 17 11 2008) - they went on to say it could have been deleted in error by the agent and to get in touch with them. well we got this house via the agent, but have been landlord managed since the day we signed.

So contacted the agent today, who had NO idea this has happened, or how it could have done, They have TODAY put it back in the TDS scheme so from today its protected BUT we handed in notice on Saturday.

Also I was told y the estate agent there would be no interest paid as per there terms of agreement.

OK - so this sounds a little dodgy? Or does it?

I thought it was a legal requirement that interest is given back to tenant ?
And just something about this seems off. I have a real issue that the landlady MAY play silly !!!!!!s over the deposit, and I have paid my last months rent on Saturday in good faith. We have been here nearly 9 years, have decorated neutrally 3 times have keep it in good order and it will be left clean and empty.

Any thoughts or advice??

marliepanda

Unprotected that long, they're not gonna mess about.

Interest is not yours.

00ec25

no requirement that interest must be paid to the tenant

does not mean the other issues are wrong though

broadpaws

Marlie Panda - what do you mean?

broadpaws

Sorry I read this and thought it was legal to pay interest when held? http://www.independent.co.uk/property/house-and-home/peace-of-mind-plus-interest-is-a-win-win-for-tenants-441743.html

G_M

broadpaws wrote: »

Sorry I read this and thought it was legal to pay interest when held? http://www.independent.co.uk/property/house-and-home/peace-of-mind-plus-interest-is-a-win-win-for-tenants-441743.html

This was written by a journalist (not the government, or one of the deposit schemes, or a lawyer) at the time of or shortly before the new schemes were introduced.

It is inaccurate in some minor respects.

If you look at the FAQ on the TDS website:

What happens to the interest on the deposit?
You should check your tenancy agreement as this will tell you what will happen to the interest. When a disputed deposit is paid to TDS, no interest is paid.

FBaby

well we got this house via the agent, but have been landlord managed since the day we signed.

I'm confused. If the LL took on the management, why are you in contact with them now?

I was going to suggest that the agent protected the deposit, but as LL took over management, cancelled the deposit and told LL to protect and LL didn't bother.

Could it be that the agent contacted the LL about the matter and it is the LL who suddenly realised their error and protected it?

Pixie5740

You didn't pay your last month's rent in good faith. You paid it because you were contractually obligated to do so.

You've been in the property 9 years. That's a lot of wear & tear. Mind you I've no idea what you've been doing to the property that required it to be redecorated every 3 years.

Read G_M's Deposits: payment, protection & return for further information.

saajan_12

You're worrying prematurely. Leave the property clean and fix any actual damages, and take photos on the last day. Your deposit is now protected again so if the LL does try to unreasonable deductions or cites wear and tear as damage, then you can dispute via the deposit scheme.

*I don't know how the 1-3x penalty works when the deposit was (presumably) protected in time, PI served, and was reprotected immediately when it was flagged up to them. Doesn't sound like the actions of someone trying to be dodgy and keep the deposit without supervision by the scheme.

Interest: Usually the tenant isn't due this. It is likely very low given interest rates and usually used to cover deposit scheme fees.

broadpaws

Thank you for your input guys - I shall relax and do as saajan_12 suggests.

PS - in touch with the agency as they put the monies in the scheme on day one, and TDS said it was them who deleted it (they have claimed they did not even know how this has happened) and have immediately put back in.

PPS - decorating every three years due to excessive damp issues in the property

Thank you all.

Guest101

Oh just sue the LL for the penalty and use that for a holiday.