2 Issues with Landlord -no TDS and witholding deposit

[amyace]

Hi Guys,

 

I've been doing a lot of research on this forum and am really impressed with the amount of time and effort the experts are willing to put into helping others out.

 

I've got two issues with my ex-LL and would like to put the situations to the experts to see what they think.

 

 

 

 

Background

• I've just moved out of a flat that was on a fixed shorthold tenancy contract (12 months)
  
• My deposit was £2,650
  
• I occupied the flat for the full 12 months from 09/02/08 - 08/02/09 and paid rent of £1,517pcm
  
• I gave the landlord 1 month's notice
  
• I vacated the property the day before the fixed term contract was due to terminate and returned keys
  
• The LA did the check out inventory and has recommended I get the full deposit back
  
• I moved out 7 days ago and have not received any of the deposit back
  
• I've just discovered the deposit is being held by the LA and not with a TDS!
  

Issue 1: Fixed Term Notice

• The LL is contesting the notice period (based on the contract which states 2 months notice should be given by tenant)
  
• He is seeking 1 month's rent from me and is witholding the deposit
  

 

Issue 2: NO TDS

• The deposit is not being held with a TDS
  
• I never received the required details about the (should have been appointed) TDS within the specified 14 days of commencement of tenancy
  

Questions

• Can he legally demand the 1 months rent?
  

If not,

• Do I use the N208 form to apply to the court to get this deposit back?
  
• Can I also file for the 3x compensation as my deposit wasn't protected?
  

• If the landlord does pay the deposit back before it goes to court, can I still file for the compensation?
  

I'm looking forward to receiving your thoughts.

 

Many thanks in advance,

 

Amy

Edited February 15, 2009 by amyace

[ajax95]

Some thoughts...

• It may be a good idea to pay Citizens Advice a visit.
  
• Seeing as you are on good terms with the Letting Agency, you might want to see if they can put some pressure on your ex-Landlord
  
• Also see if you can get something from the Letting Agency in writing to prove that they were happy for you to give a month's notice instead of two months
  

Wish there was more I could tell you, but I wish you luck...

[amyace]

Hi AJax95

 

Thanks for your reply. I'm going to look into it this week and speak to the CAB and my free legal advice service from Barclays.

 

The LL has expressed, through the LA, that he was not happy with the 1 months notice. I'm still not sure if I was legally entitled to give the 2 months notice as the fixed term contract was for one year, expiring on the 8th Feb 2009.

 

Does anyone know the answer to this?

 

I'm tempted to get things moving with an N208 as the LL is not responding the LA.....

 

Amy

[amyace]

Hi All,

 

Please have a look at this certificate (below) that was attached to our contract. Let me know your views.

 

Looks to me like the LL is "pretending" to be compliant when infact the deposit is being held with the LA so he is infact non-compliant. He's also altered the text of the Housing Act and missed out lots of required infomaiton.

 

What do you all think?

 

"

Housing Act 2004: Tenancy Deposit Protection

 

 

 

 

Certificate for compliance with paragraph 2 (g) of The Housing (Tenancy Deposits) (Prescribed Information) Order 2007

 

 

 

 

In compliance with The Housing (Tenancy Deposits) (Prescribed Information) Order 2007 the following information is provided to:

 

NAMES OF TENANTS HERE

 

 

 

On behalf of:

 

LANDLORD HERE

 

In relation to the tenancy of:

 

ADDRESS HERE

 

From: 09/02/2008 Too: 08/02/2009

 

The name, address, telephone number, facsimile number (if applicable) and email address (if applicable) of any relevant person are attached to this certificate.

 

The tenant(s) is/are informed that the deposit may be retained by the landlord in accordance with clause(s) 4 of the tenancy agreement.

 

The landlord(s) confirms that all information provided to the tenant(s) in connection with this tenancy is accurate to the best of his knowledge and belief and further confirms that the tenant has been given the opportunity to read and sign all documentation by way of confirmation of this fact.

 

 

Signed: by:

 

of:

 

[if signed on the landlord’s behalf]

 

Date:

 

 

The tenant(s) confirms that he has been given the opportunity to read and sign this document.

 

Signed:

 

Date:

[amyace]

This is in the contract.

Does it impact our claim of non-compliance to TDS (bearing in mind we've signed this contract?)

8.0 The Tenant shall pay to LETTING AGENTS NAME the sum of £ 2625.00 by way of a security deposit to be held by LETTING AGENTS NAME, against damages breakages and breaches of the Tenant's obligations under the terms of this Agreement which sums shall be refunded to the Tenant as soon as practicable after the termination of the Agreement less any amounts required towards the discharge of the Tenant's liability in respect of damages breakages and breaches as aforesaid the Tenant will not be entitled to repayment of the deposit or any part thereof until possession shall be yielded up to the Landlord and where no agreement can be reached within twenty eight days the matter will be referred to arbitration by a single arbitrator agreed between the parties whose decision shall be final and binding on both parties

[Planner]

- You dont have to give any notice to leave at the end of the fixed term, no matter what the contract says.

 

- Just because the LA are holding the deposit, dosent mean that it isnt protected, it could be held in one of the two insurance backed schemes rather than the custodial scheme. Your first port of call should be to ask the agents the details of the tenancy deposit and to check with the three schemes to see if they have your deposit.

[help me kick his butt]

Yes you definatly do not need to give any notice at the end of an AST, infact you could have just walked out and posted the keys through the LA door. However, it is courteous to give a months notice. You have done this so you need not worry.

Agree with Planners advice here, as always,.Do check the 3 TDS companies to see if your deposit was protected. If it has been protected then you can use the arbitration service , who im sure will find in your favour.

If confirmed that deposit was not protected, go ahead and fill out form N208. Dont forget a letter before action to the LL.

Good Luck and keep us posted x