Tenancy ended, deposit was not in TDS, what to do?

[waterbottle]

Case adjourned 'till July at the earliest. It will take a whole day apparently. My lawyer reckons that they will probably try and settle as the Landlord may end up with a legal bill of £15K.

 

I don't really care as I loathe him now...after everything he's put me through.

 

Well done Pickle. I'm so glad for you.

 

People on here seem to be more knowledgable than the legal profession. The power of the internet!

[Planner]

Oh well at least there should be some more sucessful cases for you to present come July. The court system seems to be making such a meal of this!!

[robert_harper_2000]

Subscribing

[aBitofaPickle]

This thread is about done now I think. Can it be closed and marked as won?

[DisgruntledTenant]

 

It says:

 

If the court is satisfied of such non compliance, it must either order the repayment of the deposit to the tenant, or order that it be paid into the designated account of the custodial scheme within 14 days of the making of the order. The court must also order the landlord to pay the tenant, within 14 days, a sum of money equal to three times the deposit amount. This order must be made even if the landlord protected the deposit and provided the information at some time after the 14 day period allowed from the date the deposit was received.

 

I feel this supports the thinking that the legislation is designed to punish bad landlords. I also think it suggests that you should get your full deposit back Pickle, even if you left the place with disrepair. They simply cannot take deductions when they haven't protected the deposit.

 

The article was in Legal Action Law and Practice/housing 2007.

 

I hope this raises your hopes Pickle.

 

Do you have a copy of this Legal Action Law I could get off you? In a similar situation. How did yours work out?

 

Thanks!

[snakhi]

I wounder if you could help me, I have the same case, landlord charging me for many things i didnt break, the landlord skipped 3 inventory dates "have emails to confirm", no TDS registration! my contract ended in july, I'm an international student so I was out of the country when my contract ended, when i handed in the keys i asked the agent for my deposite & they said they cant return it this soon, they need to check with the electricity & water companies & give the landlord a chance to check on the flat's condition before they could give me back my deposite & as i was going out of the country they suggested three methods of repaying me a-mailing a check b-transfering the money to my account c- me going back to them when i'm back to claim it, when i returned to the uk in september they told me that the landlord has the money now & my problem began

 

what is my legal status?

[Esio Trot]

Case law had clarified some elements of this monstrously constructed piece of legislation since the OP won the case.

 

Deposit protection legislation refers to 'tenant', once you leave the property, your tenancy is at an end and you are no longer a tenant. My understanding of the case is that as you are no longer a tenant, you cannot claim anything under the lack of deposit protection.

 

Your options thus go back to the tenancy agreement you signed and the wording of this in relation to the deposit. The most important thing to work out is who was supposed to hold the deposit. Tell us this (preferably quoting the exact wording in the tenancy agreement) and we can advise further.

[snakhi]

"on the signing of this agreement the tenant shall pay the deposite to the landlord"

 

I talked to the agent that arranged me renting this flat, they told me that not registering with the TDS was the landlords fault as she was legaly obligated to do so, i asked the landlord for the TDS & she replied that she did not register it, so I told her if she knew that if I decided to take this to court she could pay me 3 times the amount as concempation, she said as we both know the legal view of the situation i shouldnt be wasting her time.

 

The payment was through the agent.

[snakhi]

"on the signing of this agreement the tenant shall pay the deposite to the landlord"

 

I talked to the agent that arranged me renting this flat, they told me that not registering with the TDS was the landlords fault as she was legaly obligated to do so, i asked the landlord for the TDS & she replied that she did not register it, so I told her if she knew that if I decided to take this to court she could pay me 3 times the amount as concempation, she said as we both know the legal view of the situation i shouldnt be wasting her time.

 

The payment was through the agent.

[mariner51]

snakhi's thread is posted here - http://www.consumeractiongroup.co.uk/forum/showthread.php?324781-My-landlord-is-charging-me-on-stuff-I-didnt-break!!!!

[snakhi]

what is the name of the form I need to fill out to take this to court?