Tenancy Deposit Scheme

moyilla

Debt_Free_Chick wrote: »

Moyilla

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

No I have paid nothing yet as the LL is coming up on the 16th November so I assume contracts would be exchanged then as well as money

clutton_2

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

yes we all know who introduced the legislation - but it is neither government department, nor any of their quangos which is administering the tenant deposit schemes - it is the NLA, Hamilton Fraser and the DPS.

So - what would be the point in complaining to the government ?

Each of these schemes has their own Complaints and and Arbitration services, and as a last resort, both tenant and landlord can take any issue to the local court - none of which, as far as i am aware, are run by the government.

Debt_Free_Chick

moyilla wrote: »

No I have paid nothing yet as the LL is coming up on the 16th November so I assume contracts would be exchanged then as well as money

OK, so back to your original question

Anyway, the landlord has sent me a draft of a tenancy agreement. It does not mention in there anywhere about the Tenancy Deposit Scheme.

Should it do? If so what should the wording be?

No - the agreement does not need to state anything about the TDS, but it would be clearer if it did - and the professional landlords' associations recommend that there is a reference to the TDS as a matter of "good practice".

Where the contract mentions the deposit, at the end of the clause you could add

"Such deposit to be held in accordance with s212-215 of Housing Act 2004".

Even if there is nothing in the agreement about the TDS, it doesn't affect your rights. You still have those rights under the Housing Act 2004 and the LL has to comply with them.

The important thing is that within 14 days of you paying the deposit, he must send you details of the TDS . Again it might have been helpful if he'd sent this with the agreement, but the law does not require it - so long as you get it within 14 days of paying the deposit.

Just make the answer complete ....

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?

No. It's far easier just to list the tenant's obligations. Anything not listed as the tenant's obligations is down the LL. It makes the contract shorter anyway, but gives you better protection. If there were a list of the LL's obligations and something were missing, the LL might try to claim that it's not his responsibility after all!

So .... the contract lists what you must do - and everything else is down to the LL.

HTH

sooz

BrixMorta wrote: »

A document providing “Prescribed information” relating to the relevent scheme should be attached to the AST and signed by the tenant. The AST also should make it clear how the deposit is being held and what deposit protection scheme is being used.

This is information which the Housing Act 2004 Sections 213 (5) – (6) and The Housing (Tenancy Deposits) (Prescribed Information) Order 2007 require to be provided to the tenant within 14 days of the deposit having been received.

Difficult to attach this to the AST, unless you get the deposit as cleared funds the day BEFORE you sign the contract, and then have time to register it and print off all the relevant information, and attach it to the AST.

Also, you may find that you need an industrial stapler...it's a lot of paperwork to attach!

I provide the DPS terms and conditions with my ASTs (not attached) and then go to bank the deposit that has just been handed to me, together with the first month's rent.

Then, only once it has cleared my bank, can I send the deposit to the DPS.

Until this point I will not have a deposit reference number to give to the tenants.

Then I print off the prescribed information, and a copy of the deposit pending clearance page (the only proof I have from the DPS for days), and take 2 copies to the tenants. I get both signed and keep one. This must be done within 14 days of recieving the deposit.

Days later, I get an email from the DPS with my retrieval id, and weeks later, thanks to royal mail, the lead tenant gets his/her retrieval id, and another copy of the terms and conditions.

thesaint

clutton wrote: »

yes we all know who introduced the legislation - but it is neither government department, nor any of their quangos which is administering the tenant deposit schemes - it is the NLA, Hamilton Fraser and the DPS.

I mentioned the government because I was given a link that was directed to a government web-site.

I believe that it would be good if the government included the basic information on their site. If they did, the OP wouldn't be given seemingly conflicting advice on their original question.

clutton wrote: »

So - what would be the point in complaining to the government ?

Each of these schemes has their own Complaints and and Arbitration services, and as a last resort, both tenant and landlord can take any issue to the local court - none of which, as far as i am aware, are run by the government.

I never said anyone should complain to the government. :A

Becks045

With my tenants, since the scheme began, I give the government leaflet on the scheme, refer them to the website and give them a letter along with their contract stating which scheme their deposit is held with.

The scheme will automatically contact your tenant to tell them which scheme their money is in and how it all works within 30 days of the money been deposited.

sooz

the scheme may contact them within 30 days, but YOU must give them the prescribed information within 14 days.

moyilla

Ok guys, after reading all the info I am now a tad confused!!

I have mentioned it to the landlord around 3 weeks ago - no reply and has not been mentioned since - so what should I do??

sooz

Have you signed a contract yet?

Have you paid a deposit? If yes, how many days ago?

chocolatechipcookies

It is illegal for the landlord/letting agents to not be apart of this scheme. It keeps your money in a bank account that does not earn interest and the landlord cannot touch it.