Tenancy Deposit Scheme

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My understanding is that it doesn't have to be in the AST - but they do have to supply the details. So you could keep quiet (until after it's signed).

I did this. Waited 14 days and then asked for details of the Tenancy Deposit Scheme from the letting agent (who are named on the contract). They stalled a bit.

Our flat was then transferred to another letting agent. Rinse and repeat.

After a couple of follow up emails and quoting the relevant parts of the website above - I received a very interesting phone call from the letting agent last Wednesday.

She hadn't been able to track down the TDS and had then spoken to the landlord and they'd agreed to return the deposit rather than register it with a scheme. Result. It might have jeopardised the let if I'd asked up front.

And if the above doesn't go in your favour - you can take them to court and get up to 3X your deposit back.

clutton_2

""Is 'Should' a definite?

Does the government provide this information in one easy to find page of a website? ""

a landlord HAS to provide the "prescribed information" about where the deposit money is lodged - ie which scheme the landlord is registered with. If it were to go to court, it is then simple for a landlord to prove that he has handed over the "prescribed" information if it formed part of the AST.

With regard to a one page simple sheet - if i have to read the 10 pages of prescribed information about the Scheme i use - why shouldn't the Tenant have to read it also - its their money - and if they can't be a*rsed to read it then ...............

Whats it got to do with the government ? none of the schemes are run by them - some folks seem to want spoon feeding throughout the whole of their lives !!!!

Debt_Free_Chick

clutton wrote: »

""Is 'Should' a definite?

Does the government provide this information in one easy to find page of a website? ""

Nope - sometimes you have no option but to go direct to the primary legislation i.e. Chapter 4 of Housing Act 2004, the Housing (Tenancy Deposit Schemes) Order 2007 and the Housing (Tenancy Deposits) (Prescribed Information) Order 2007

There is in nothing in the legislation that requires anything about the TDS to be in the AST.

So "should" is advisory, rather than mandatory - which is good news, as should ought to be "may" rather than "must".

HTH

Debt_Free_Chick

Moyilla

I assume you've actually not paid the deposit yet?

Debt_Free_Chick

moyilla wrote: »

Also it does not state that the LL is responsible for all maintanence (excluding garden, cleaning etc) again, should that be stated or is it common knowledge?

It works the other way around .... you are only responsible for what's stated in the contract. The LL is responsible for everything which is not the tenant's obligations as stated in the agreement.

HTH

thesaint

clutton wrote: »

""Is 'Should' a definite?

Whats it got to do with the government ? none of the schemes are run by them - some folks seem to want spoon feeding throughout the whole of their lives !!!!

Sorry, I thought that the government introduced the legislation to protect tenants deposits. My mistake.

Mayday

To digress ever so slightly sideways on this topic

We are leaving our rented cottage at the end of this month after 10 1/2 years as it's being sold to pay the Death Duties on our landlord's estate [we have somewhere else to go; signed the lease yesterday]

We paid a month's rent as Deposit back in June 1997 of £305 which is still held by the Letting Agents.

There'll be no problems reclaiming our deposit, but how do we stand on claiming the interest on our money???

thesaint

Mayday wrote: »

<snip>
There'll be no problems reclaiming our deposit, but how do we stand on claiming the interest on our money???

I believe that you are only entitled to interest if your agreement states that you are.

Debt_Free_Chick

Mayday wrote: »

There'll be no problems reclaiming our deposit, but how do we stand on claiming the interest on our money???

No entitlement to any, unless there's something in the agreement.

But you could try ...... "We believe we've been very good tenants for a long period of time and left the property in immaculate order ... would you consider an extra payment to us as you've held the deposit for more than 10 years".

If I were an LL and you were my tenant, then I'd certainly pay something. But I have to admit, it might not have occurred to me unless you'd asked!

Mayday

Debt_Free_Chick wrote: »

No entitlement to any, unless there's something in the agreement.

But you could try ...... "We believe we've been very good tenants for a long period of time and left the property in immaculate order ... would you consider an extra payment to us as you've held the deposit for more than 10 years".

If I were an LL and you were my tenant, then I'd certainly pay something. But I have to admit, it might not have occurred to me unless you'd asked!

Brilliant - many thanks - will add something similar in our letter to the Letting Agents.