should my deposit be portected under tds??

Tori_Bellatrix

jenna0903 wrote: »

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?

Not really. You could try speaking to a solicitor but the law is still fairly new to them and they may also procrastinate about it. In the eyes of the law, you paid part of your deposit after 7th April 07, therefore it should be protected. Your tenancy also didn't start until after that date (although signed before) so you should be on pretty safe ground to say that your deposit (in part at least) should be protected.

jenna0903

thanks guys

I have posted a thread on Landlordzone so I will see what is said there.

The reason Im eagar to find out is my landlord has given notice at which I dont really want to move- and if my deposit is not protected as it should be then her notice is invalid at the moment

Tori_Bellatrix

Actually, your local council might be a good bet ... they should have a section for private rentals where you can get advice.

jenna0903

hey Tori

I spoke also to council today, they are looking into it for me but they are thinking along the lines of part deposit should be protected.

N79

jenna0903 wrote: »

thanks guys

I have posted a thread on Landlordzone so I will see what is said there.

The reason Im eagar to find out is my landlord has given notice at which I dont really want to move- and if my deposit is not protected as it should be then her notice is invalid at the moment

I'm going to get cross with myself for saying this but you don't have to move out when the notice has expired. It is not notice to quit - it is notice that the LL may seek possession after the notice expirey. The LL would then need to go to court to actually remove you. You could file a defence that the notice was not valid and find out that way! It would also be worth posting exactly what the notice says (minus any names) as it may not be valid anyway - Section 21 notices are a bit of a black art.

N79

jenna0903

she gave verbal notice over telephone on 7th april.

After going to housing office to see what my options were they advised that notice was not valid 1. because it was verbal and not written
2. if deposit is not protected she cannot serve any notice until it is.

I wrote to her to advise her of this and she replied with:

" further to your letter, we have nowreceived feedback from our legal advisors. They have confirmed that my original interpatation of the Tenancy Deposit Scheme is correct and that your deposit did not need to be proteced by any of the scheme providers. The reason for this is that the first installment of your deposit was paid on 14th March 07, which is before the 6th ASpril 07 when the tds came into force.

I gave you verbal notice on 7th april 08 in intent of you vacating the property on 7th june 08. As there is no leagal requirement for your deposit to be proteced the verbal notice to vacate the property is still valid.

If you do not vacate the property by noon on 7th june 08, I will regretfully be forced into a position where I will be seeking compensation from you."

So this is my problem she says she is right and I feel I am right...

Tori_Bellatrix

Hmmmm ... I wonder who her legal advisers were ... I think she is just trying to bully you into leaving ... Besides, if it goes to court, I think a judge will look favourably on you if he can see that you have done your homework and that your deposit (in full/part) should have been protected. Obviously, he will award possession but only if she correctly gives you notice (in writing and with the prescribed information).

jenna0903

can you advise what the proper method of notice is??

Tori_Bellatrix

jenna0903 wrote: »

can you advise what the proper method of notice is??

As far as I'm aware it has to be writing (I'm happy to be corrected if I'm wrong) and the written notice has to have certain information contained within it. I don't know all the particulars required to make it valid but Shelter should know - or some knowledgeable person on here or LLzone.

Actually, I've just found this link .. it might help .. http://www.letlink.co.uk/letting-factsheets/factsheets/factsheet-21---section-21---notice-requiring-possession-of-an-assured-shorthold-tenancy.html

sooz

In writing, & in the form of a section 21

''legal advisor'' :rotfl: :rotfl: :rotfl:


edit - snap Tori!