Agent failed to register deposit with TDS - What now??

Twopper

Hi

I've been out of a rental for approx 3 months - there is an ongoing dispute regarding £100 of the £900 deposit. I disputed what the Landlord was claiming money for then he changed what he wanted to claim money for. The agent (Yourmove) just supported the LL no matter what he claimed money for.

I finaly refused to negotiate as the goal posts kept moving and demanded it be sent to TDS for resolution. I received a phone call from agent yesterday stating that TDS has returned the case, agent explained it is because my tenancy agreement was before TDS. I pointed out that I had received an ammendment to my contract informing me my deposit would be included under the TDS. Agent was a bit agitated that I had an amendment to my AST and is looking into it.

Looks as though my deposit was never registered. Any ideas on what I should do?

Is it worth just demanding my deposit back? Or should I try for the courts and go for the full 3 times my deposit fine? Anyone had any experience of this situation?

Thanks

Lee

silvercar

To need to be registered the tenancy must have commenced or been renewed prior to April 2007.

Whether you had an amendment or not, if there was no requirement for the deposit to be registered you won't automatically be entitled to the 3 times penalty.

Twopper

Tenancy was renewed 07 April 2007. Does this mean the deposit does not have to be covered by the TDS?

Why would I have been sent an addendum if it was not registered - all very odd.

mustrum_ridcully

According to Shelter:
If you paid a tenancy deposit before 6 April 2007, then you will not be protected by the scheme unless your landlord or agent renews your tenancy on or after 6 April 2007, and gives you a new agreement.

So if your tenancy was renewed on the 7th then you are protected.

Twopper

Thanks for that - so my deposit should be protected but it looks as though the Agent forgot to register it with the TDS.

Anybody got any suggestions on how I should proceed?

Thanks for the help

MissMoneypenny

Twopper wrote: »

Thanks for that - so my deposit should be protected but it looks as though the Agent forgot to register it with the TDS.

Anybody got any suggestions on how I should proceed?

Thanks for the help

Phone Shelter and ask them how to proceed. Look to see if your house contents insurance policy has legal cover and if you are covered for a solicitor.

I would be interested in knowing how you get on with getting the 3x the deposit and the deposit back, as this is so new. Has anybody else tested this 3X back yet or are they giving LLs a by?

MissMoneypenny

Looks like you need to go to the county court?

"What if your landlord isn’t protecting your deposit? You can apply to your local county court. The court can order the landlord or agent to either repay the deposit to you or protect it in a scheme. If your landlord or agent has not protected your deposit, they will be ordered to repay three times the amount of the deposit to you."
http://www.direct.gov.uk/en/TenancyDeposit/DG_066373

IveSeenTheLight

Were you actually in an AST?
You said you have been out of the rental for 3 months (I guess since September), therefore your rental period was not 6 months, the minimum I understand for an AST

Also just to check, where are you located?
The TDS is not yet applicable in Scotland

jamesd

IveSeenTheLight, 7 April 2007 renewal, plus six months AST is 7 October plus 3 months is [STRIKE]7 December and it's now mid December[/STRIKE] 7 January so too soon. You can also have an AST with a break clause so they don't actually have to be used for six months if both parties agree to an earlier end.

Twopper

I was in a renewed AST with a break clause - we mutually agreed an early end to the tenancy. I will research the court approach but start with a letter to the Agent.

Located on the south coast so no problems there.

Many thanks

Gorgeous_George

jamesd wrote: »

... 7 October plus 3 months is 7 December and it's mow mid December. You can also have an AST with a break clause so they don't actually have to be used for six months if both parties agree to an earlier end.

I like your maths - must be inflation.

I blame Gordon Brown (or the delightful Carol Vordeman).



GG