TDS Questions

becky_rtw

Hi All,

I've had a quick read through the TDS successes thread but I still have questions about the scheme:

I wrote to my landlord recently to request details of which scheme my deposit was in as I never received the certificate when moving in. The landlord rang yesterday to say my certificate was on its way...

From what was said I suspect that they have just lodged my deposit now rather than at the start of my tenancy (Feb 08), I intend to move out at the end of my fixed term anyway. If I'm right in my suspicions is it still worth me taking them to small claims as they haven't complied with the 14 day rule?

Anybody had any success with pursuing this part of the regulations yet?

How do I go about taking them to small claims? The Government page on TDS is useless...

Thanks for any help guys

Captain_Mainwaring_2

What's your point ? are you a deposit policeman or something?

Go ahead and complain/make a report, and see if the landlord doesn't check over your place with a magnifying glass.

I'd wait until you get the certificate before you complain, the LL may well have complied with statute.

becky_rtw

Not sure why you are so cross - I'm trying to make sure that my LL has complied with the law. The deposit was a big investment for me I want to make sure that it is safe. My understanding from the phone call was that the LL had never heard of the TDS before my letter. But as said in my post I would only pursue it once I get the certificate.

I expect the LL to go over the flat with a fine tooth come anyway - its their job and income after all (I've had two full deposits returned in the last two years so its not like I want to trash the place)!

SteveyLomas

I would say generally that if the landlord has been good about everything, then running them in is harsh. However it is within your rights. It will cost you a trip to court (I have a TDS case with Her Majesty's finest at the moment) but not a lot to lose. However, if your landlord has not been good to you, this is your opportunity to strike back.

Let us know what the date on the certificate says when it comes in.

Stevey

Captain_Mainwaring_2

becky_rtw wrote: »

Not sure why you are so cross - I'm trying to make sure that my LL has complied with the law. The deposit was a big investment for me I want to make sure that it is safe. My understanding from the phone call was that the LL had never heard of the TDS before my letter. But as said in my post I would only pursue it once I get the certificate.

I expect the LL to go over the flat with a fine tooth come anyway - its their job and income after all (I've had two full deposits returned in the last two years so its not like I want to trash the place)!

I'm not cross at all, but you sound rather pathetic trying to make some childish point.
If you have had two deposits returned without the scheme, then it is reasonable to expect that you will get this one back with the added scheme "protection".

You want to go out set on some sort of childish revenge that at the end of the day won't get you anything, not a penny, then make sure you dig two graves.

clutton_2

when did you move in ?

one of the three schemes last year had a software crisis and the scheme stopped informing tenants that deposits had been lodged for several months - that hiccup has now been sorted out.

CaptM - why do you jump to such a negative conclusion on such small evidence ?

becky_rtw

Hi Clutton,

I moved in in Feb 2008, I'm waiting for the certificate before I know which scheme in was in, the LL didn't know. Its a bit complicated because while the LL usually uses an agent they didn't to rent the room to me, the agents are forwarding the certificate but I haven't spoken to them at all. Its all a bit shambolic really...

Do you know which scheme had the problems?

becky_rtw

Sorry by room - read studio!

Captain_Mainwaring_2

clutton wrote: »

when did you move in ?

one of the three schemes last year had a software crisis and the scheme stopped informing tenants that deposits had been lodged for several months - that hiccup has now been sorted out.

CaptM - why do you jump to such a negative conclusion on such small evidence ?

Negative is considering reporting the LL in anycase. The OP has the cert now, so why bother?

Ask the OP why they were so negative on such small evidence.

I could understand making some comment if the deposit was never lodged or the landlord turned out to be an 4rse, but otherwise would suggest that the OP pulls the wings off of small flying things.

silvercar

The insurance based scheme, mydeposits, had the problems and they were sorted out by Summer 2007.

Bungarm2001

I hate to say this, but I kind of agree with captainmainwaring, but hopefully I can put it a little less harshly...are you really worried about your deposit maybe not being returned? If so, and you get the certificate, you have no need to worry whether your deposit was lodged late or not.

As long as you're not going to trash the place, and you have a comprehensive inventory signed by all paries involved, I can't see that you have a problem since the LL/LA has told you the certificate is on it's way.

However, if you are simply trying to get something out of LL/LA by jumping on the 'lets sue the LL via small claims for as much as I can and for no real reason' bandwagon, then please try to remember that not ALL LL'S are actually aware of the rules regarding tenant deposits, particularly those that are 'accidental' LL's and have only the one property. Even some LA'S are still unaware.

If you don't get the certificate, then thats a different matter...