Hi there, first of all did you sign a contract (short Hold Tenancy Agreement)?

When did you start your tenancy, how much deposit did you pay? And has your landlord paid your deposit into a scheme?

Funny enough the estate agent rang me yesterday to tell me they'd had a word with the landlord and he will be putting the deposit into a scheme straight away...can see that would have been a bit of a problem with them reaching their sales targets for the month? They will now issue NTQ at the end of April. The landlord didn't do an inventory for this property (I have a few issues with the white carpet he has on the stairs!). Am I right is saying that he's still broken the law (not compiling with the 14 day's thing) but now I can't really sue because he's put into a TDS (waiting for confirmation)? Also, the landlord is living Australia but on the contract has his name with an address in London. Surely, this is wrong? I've heard if he lives out of the country he should have someone else managing the property that lives in the UK? Can someone correct me?

Thanks mike999peters for that information. Just wanted to mention though on MRSHED's comment that a section 21 would be valid. According to my solicitor today he said not. He would have to issue a new NTQ on the day before the rent due and obviously if the deposit was protected. Interesting, as we have a bit more time now

Hi there, many thanks for reply. It is a NTQ S21, but I was told and read that this notice would not be legal if a deposit not being protected? I suppose what you say "is not enforceable" means the same thing? As to b: I was thinking that if the NTQ was not valid then the landlord would have to wait to put money into a scheme then wait until the next month (day before rent due) to re-issue NTQ but I think you've answered my question? Then, finally c: the reason I mentioned a charging order is that this particular landlord has moved to Australia, apparently so. Other than this property, only have an address for his parents in Cockfosters. So, thought if he didn't pay (if I sue) I could attach it to the house before it's sold? . Do you have any other suggestions?

Hi there, just thought I'd challenge "Planner & MR Shed" at this sinario: We've just been isuued "notice to quit", by LA, given us two months notice because owner wishes to sell property. Already being told, people want to view property this coming Monday. Paid landlord (through LA) £1675 deposit, which was noted as received in our Shorthold Tenancy Agreement. We moved into the property a year ago, all within time scale for the deposit to be placed into a scheme. Checked with all three scheme's today which show's no deposit being held. Can I ask you a: Is this Notice To Quit Valid? b: If he was to put monies into deposit scheme now could he then issue another notice to quit but would that be the day before the next rent due date (26th of each month), so maybe I could get another month here (not alot of rental accomadation around to suit)? c. lastly, if I sued for 3 x rent and he didn't pay I would then need to apply for a charging order on his house, but how much time do you think that would take as he's now put it on the market? Many thanks asperni

Hi there, I don't think you have much room to move here. The law stands that a tenants deposit has to be registered within 14 days. My only thought would be that you make your tenants an offer (they would have to go through the court process to make their claim and pay out money), say half what they would claim for and then make them sign a "full and final settlement" document so that they couldn't raise the issue again

Hi Mash, you've curtainly got a case! First thing, the LL should of pretected your deposit within 14 days of you handed it over and should of informed you who it was protected with within that time, if that wasn't done that's enough to sue. Also, a possesion order cannot be issued if this wasn't done in the time frame (doesn't count evan if they put it in a day later) Irrespective of arrears you can still sue and you will win!! Trust me! Go back to the landlords solicitor and tell him you'll be hearing from your solicitor (if you win the LL would have to pay all fee's so you might as well get one) and tell them you will start proceedings against the landlord for the LL's breach of government legislation. You'll be able to sue for 3 x times deposit plus the rent. The arrears are another issue you would have to deal with seperately. Watch it.....they'll soon jump!

Hi there, yes, we're 100% sure what we have is right, it's just that the L, solicitors presented this one page photocopy with all this text on, the identical text to the first post. Just being nosey as to where Ed999 got it from orginally....

Hi ian6pot, thanks for your comments and yes I've seen this link and would agree with what you've said. It's just the whole text in Ed999 first thread can't be located anywhere, especially the second paragraph which read's New Renewals don't have to be protected.This is a complete contradiction to the link that you gave me. So I'm interested to know what are these documents bona fides?

Hi there, I just wanted to refer to your post of above. Where did you copy and paste this document, pacifically refering to Renewal Tenancies after the 6th April WILL NOT HAVE TO COMPLY with a TDS? It's The Communities Gov website contradicts this and if your document was from the "Direct Gov" website it's not on there now. Woundered if you still had the link or you could shread some light on the matter. Many thanks aperni