Tenancy Deposit Scheme advice please - HotUKDeals
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Tenancy Deposit Scheme advice please

JayBird Avatar
6y, 8m agoPosted 6 years, 8 months ago
I move into rented accommodation in 2004 before the law changed in April 2007 stating deposits must be protected by a tenancy deposit protection scheme.

The original tenancy agreement had me and my best mate on it.

However, in 2009, my best mate moved out, and my girlfriend moved in. We got a brand new tenancy agreement and all was good.

We have now bought our new house and have moved out of the old place. Have just received a letter from the landlord saying they are going to charge me £320 for gardening and cleaning.

When i asked to dispute this, i asked what protection scheme my deposit was in, but it isn't in one.

To me, this seems like she is in breach of the law, but i think it may be a grey area in the fact i have always lived there.

I found this on shelter.org.uk

"If your tenancy started before 6 April 2007, then you will not normally be protected by the scheme. However, if you have been given a new tenancy agreement since that date, you should get advice. In this situation, the law does not specifically say that your landlord has to protect your deposit, but the Government has suggested that they should do so. An adviser may be able to help you come to an agreement with your landlord."

This seems to put the law in doubt on my part, but the thing is doesn't mention in the quote above is if the new tenancy agreement is in the same names. We have a new tenancy agreement with my name and my girlfriends name on.

Will phone CAB tomorrow but just wondered if anyone had any advice.

Spoke to landlord and they aren't budging
JayBird Avatar
6y, 8m agoPosted 6 years, 8 months ago
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#1
I am not an expert on housing law, but it sounds like the fact that your landlord issued a new agreement in new names in 2009 really is in your favour.
I think you are doing the right thing in getting advice. I have used the Shelter phone line before and they are very helpful. They can put you in touch with the best people to advise you in your area.
Good luck.
#2
I had this exact same problem. Even though your initial contract was before the TDS was in force, because you've signed another contract after it was brought in, and your landlord is using your deposit that he/she took off you at the beginning you should be covered by the TDS. Your girlfriend being added onto the contract is another point that technically it is a brand new contract because it's someone new and they should 100% be covered by it. I got advice of the CAB and that's what they told me. Your landlord should have put you into the scheme and should they still want to take money off you and you're not in the scheme and you take them to court, you will be entitled to a refund of the full deposit and 3 times that amount. Hope this helps
#3
As you have signed another agreement in 2009, this supercedes the previous. As long as it is an Assured Shorthold Tenancy, then the Landlord should have then placed your deposit into one of the 3 Government Tenancy Schemes. She then had 14 days to notify you in writing to advise which scheme it was lodged. Failure to do so is a breach of the agreement and therefore the Landlord can be taken to court via Small Claims Court, in which you may request not only a return of the original deposit but ALSO compensation can be awarded of up to 3 times the deposit in addition. Only problem is that some Landlords on getting the court summons have then either repaid the deposit or lodged it in the scheme, and Courts have not been pushing to award the 3 x compensation. Main thing is to get your original deposit back though, so I would ask her in writing to state which scheme it is lodged in as there will be a reference number. That may well speed up the return of your deposit.
#4
Sorry, Nutley 10, was busy typing almost the same response you gave! Happened to my ex-wife a few months back so I helped with the paperwork with the Court for her!
#5
+1

Im no lawyer but..

if you got a new tenancy agreement in 2009, then your deposit should have been with DPS
instead of any other scheme.. the fact that ur landlord / lady hasnt done that.. she is in breach of the law as she as set a new agreement without putting the money in DPS.
Fair wear and tear is acceptable ..
If it is the way you found it.. then
Its a fight to the finish!
#6
No problem shiner, glad we're both singing off the same hymn sheet! You're absolutely right, when someone is enrolled in the scheme they are issued with a certificate with landlord, tenants and the reference number on it. Which the landlord should send to you. I had the problem that I found out that I wasn't enrolled in any of the 3 schemes(search online for the 3 companies and enter your postcode and address and it will tell you if you're enrolled) and when my landlord tried to take money off me and I mentioned that I wasn't, he instantly gave me my money in full. Btw they can enter you into the scheme at any point so be careful about mentioning it if you're planning on going to court.
#7
I have already spoken the the landlord on the phone this evening and pointed out the laws, but she seems to think it is a grey area because of my continued tenancy across the two tenancy agreements.

I think she is wrong. Will find out tomorrow.

Thanks for the advice
#8
Quoting the girlfriend:

Because a new tenancy agreement was drawn up in 2009 it should have had a clause in it telling him where his deposit was being held because all landlords have to put a deposit into a government approved deposit scheme, which they have to pay to hold the deposit until the date that the tenant moves out. If they want to claim money back from the deposit, they have to give reason and proof of why they need to take the money (e.g photos). You have the right to take this to a small claims court in which your landlord would have to provide proof of why they need £320 for gardening and cleaning.

If you have done any professional cleaning or have cleaning receipts, that is proof on your side.

She's a letting agent, so I suppose she knows more than me about it!
#9
i think the landlord just copied the previous tenancy agreement and changed the dates and names. They seem the same, word for word so there is no mention of Deposit Protection Schemes
#10
The landord phoned last night and i basically said i would accept £550 of my £650 deposit back if we sorted it out on the phone there and then.

Made it clear this was a non negotiable figure, and if she didn't accept i would go to court.

She accepted

I think a moral victory was won!
banned#11
JayBird
The landord phoned last night and i basically said i would accept £550 of my £650 deposit back if we sorted it out on the phone there and then.

Made it clear this was a non negotiable figure, and if she didn't accept i would go to court.

She accepted

I think a moral victory was won!


Well done, I do like a happy ending :)

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