Tenancy Deposit

SassySaver88

Just about to end our tenancy to buy a house...
But we think that our landlords have not protected our tenancy deposit at all over our 7 years tenancy...
Spoke to Shelter who advised me to ask..
How do I ask this as its no reference to us leaving really..

Tyler_Du

If the landlord has protected it, I'm sure they'd have provided you with a reference no. Why not just ask them what registered scheme they protected the deposit in ?

G_M

Check with each scheme. Read:

* Deposits: payment, protection and return

Slithery

There are 3 different deposit protection schemes, a quick check on each of their websites will tell you if it was protected or not.

https://www.gov.uk/deposit-protection-schemes-and-landlords

SassySaver88

Ive checked each scheme and Im not registered on any
Printed off a copy of each scheme with my searches
Had 3 different tenancy agreements whilst at this property too

pramsay13

What is your question?
To find out which scheme the landlord has used for the deposit you should ask the question.
If it hasn't been protected you could then come back with that information and see what steps you want to take.
Your details may not be registered with any of the schemes if someone else is the lead tenant.

macman

Then you can sue for 3 times the value of the deposit. Useful leverage when the LL tries to make deductions for damages.
Did your LL also forget to supply you with an annual gas safety certificate?
Why wait 7 years before checking though?

SassySaver88

We are giving notice as we are buying and I noticed on my tenancy agreements that a deposit is protected.
I gave them a deposit when I moved in didnt think anything of it then.
Annual gas certificate is produced but I have made all the phone calls, they have forgot on a number of times.
I am the lead tenant and have got the copys of the deposit schemes and my deposit is not there.

theartfullodger

macman wrote: »

Then you can sue for 3 times the value of the deposit. Useful leverage when the LL tries to make deductions for damages.
Did your LL also forget to supply you with an annual gas safety certificate?
Why wait 7 years before checking though?

You can sue for up to 3xdeposit penalty for each signed tenancy, up to 6 years & 30 days from when you paid it, so probably not the 1st one. See Shelter excellent guidance how & draft letter asking for his proposed compo.

pinklady21

When did it become compulsory for landlord's to place deposits in a protection scheme? I seem to remember there were different start dates for England and Scotland. Is it possible that in this case the tenancy start date pre-dates the requirement to protect the deposit?

evsieplum

pinklady21 wrote: »

When did it become compulsory for landlord's to place deposits in a protection scheme? I seem to remember there were different start dates for England and Scotland. Is it possible that in this case the tenancy start date pre-dates the requirement to protect the deposit?

TDS legislation was introduced in 2007, but regardless, a change was made (I forget when, maybe 2014?) to state that ALL deposits now needed to be protected, even if the tenancy started before April 2007.