Has anybody been awarded 3x their deposit because of TDS?

RabbitMad

"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

What I want to know is - has anybody been given the 3 times their deposit yet?

$$$_12

Nope - but my landlord opted to return my deposit when I queried about TDS. Good job I'm not likely to trash the place.

silvercar

According to other forums, no-one has actually got back 3 times their deposit ....yet.

[Deleted User]

It's probably me not reading it properly, but in the direct gov scheme, what interest is the deposit getting? I'm assuming that it goes to the tenant.

ali82

Hi the interest goes to the administrators for the running of the scheme.

I'm bring my case to court in the new year, my landlords don't believe me about the whole scheme they think they will be able to justify themselves as they are alleging damages but they don't seem to understand that the lack of a protected deposit overrides any deductions for damages as this is the whole point to the T.D.S is to resolve these types of disputes.

I shall keep you all posted, as we are definitely taking it to court. I am submitting a N208 form by the way.

Thanks

chriz1000

The deposit interest used to go to the letting agents. I think this still applies with the new scheme but not 100% sure.

RabbitMad

ali82 - keep us all posted. I think if I was your LL I would return your whole deposit now to avoid the chance I'll have to pay you 3 times your deposit

sooz

ali82 wrote: »

Hi the interest goes to the administrators for the running of the scheme.

If you mean the custodial scheme, SOME of the interest goes on running the scheme. The rest is normally returned to the tenant (not much;) ), but depends on what it says in the original AST.

ali82

Ahh I see, but as I said my landlord was not clever enough to register in a scheme so no interest to us then.

[Deleted User]

As the deposit is the tenant's money.

And as the deposit is sometimes a substantial sum - then the tenant should get the interest on that money. If someone has been renting for several years, it could be a useful sum.

scrummy_mummy_2

ali82 wrote: »

Ahh I see, but as I said my landlord was not clever enough to register in a scheme so no interest to us then.

Pressumably your Tenancy began and your deposit was taken after 06 April 2007 when the schemes became compulsory for registration otherwise it's not covered by the new rules???