should my deposit be portected under tds??

jenna0903

Hi

I signed my tenancy agreement on 14th March 2007 and paid £500 towards my deposit.
My tenancy commenced on 22nd April 2007 which was the day I moved into the property at this time I paid a further £525 as my remainder deposit.
I thought my deposit should be protected as it was taken after 6th April 07. However my landlord says because the first installment was taken in March it does not need to be portected. Is this the case? If so that should only apply for the £500 taken in march and not for the £525 paid end of april as the law was in place by this point??

Please help

Jenna

jenna0903

Hey can anyone help me and give advice on the above?

N79

Sorry, but you will have to do the work on this one.

http://www.opsi.gov.uk/ACTS/acts2004/ukpga_20040034_en_19#pt6-ch4

Given the poor drafting of this I suspect it will depend on whether you have a sympathetic judge. We are already seeing variations in how they interpret whether signing a new lease after the date of entry into force but which is a continuation of an earlier lease triggers deposit protection.

I suggest you post on

www.landlordzone.com

for a more detail opinion.

N79

Tori_Bellatrix

You could always phone Shelter ... they should be able to advise.

http://england.shelter.org.uk/home/home-8551.cfm

jenna0903

N79

My problem is not that of signing a new lease, its of half deposit was paid in advance before 6th April 07 and the other half being paid when I moved into the property after 6th April 07.

I need to know if all deposit should be protected or the half paid after 6th April or if my deposit should not be protected??

As I am getting conflicting advice from deposit helplines.

jenna0903

Hi Tori

I called them today and they say that the £525 paid after 6th April should be proteced but on the other hand I also called citizens advice and they are not sure.....

Tori_Bellatrix

jenna0903 wrote: »

Hi Tori

I called them today and they say that the £525 paid after 6th April should be proteced but on the other hand I also called citizens advice and they are not sure.....

I would take the advice of Shelter. They are experts in housing whereas, for the most part, the CAB are not (in my opinion anyway).

N79

Jenna

"As I am getting conflicting advice from deposit helplines."

That was exactly my point. The law has been very poorly drafted and it could go either way in your situation. The link I posted is the actual text of the act for you to read and form your own view of whether your deposit should be protected. Personally, I could form an argument either way.

That is why deposit helplines are giving you confused advice! The only way to get a definitive answer is to take it before a court. Interpreting the law is their job!

The great thing about the small claims court is that you do not have to pay costs if you lose, so the only risk is the small fee you pay to start the claim.

Good luck.

N79

N79

jenna0903 wrote: »

Hi Tori

I called them today and they say that the £525 paid after 6th April should be proteced but on the other hand I also called citizens advice and they are not sure.....

For what it is worth, this is also my opinion of how the law is best applied to your situation, based on section 213.1. But what I think is irrelevent - it is what a judge thinks that counts!

jenna0903

thanks tori & n79

Does anyone no where I could contact to get a more definitive answer to my circumstances or is the ONLY way to find out by going through small claims?

N79

This is a new law with lots of grey areas. The only way to get a definitive answer is via a court. This is also the only way to make the LL repay your deposit if you feel they are unfairly withholding it.

However, do go and post on Landlordzone (see my previous post) as a few experienced lawyers hang out there and they may be able to offer you their opinion.

N79