Tenancy Deposit Scheme

[Maz01]

I have been trying to get my deposit back from a letting agents since vacating the property on 19th October 2012.

I was a sole tenant and had an Assured Shorthold Tenancy Agreement. The contract states that the deposit would be protected by "the Deposit Protection Service" depositprotection.com, however I was never issued with a certificate or any reference number.

I received a letter from the letting agency stating I would be deduced £30 for holes in the walls due to pictures etc. - to which I agreed. I have been trying to get the reminder of my deposit back ever since - the excuse given has been that they are waiting for the landlord to sign the cheque. Is my understanding correct that if it was in a proper scheme that it is all done on-line and therefore no need to issue a cheque?

This leads me to believe that it is / was not ever in a proper scheme?

If so could I make a claim at the County Court? Could I claim for a breach of the regulations (which I believe they can award between 1 and 3 times the original amount plus the deposit).

The amount is £450 - £30 charge (also I was never given an inventory so could I now dispute the £30 charge and claim the full amount back)

Any advice would be gratefully recieved as its now been 8 months!

[Always Struggling]

Just been trying to read up on this subject myself Maz.

 

You should be able to verify with the deposit scheme if it has in fact been held there. If it hasn't been then the way I currently understand things is that at present you could issue a claim but for the moment because your tenancy has ended you would only be able to claim the deposit (less the £30 you mentioned) there would be no penalty as the option to have the deposit placed in a scheme is not available to the courts.

 

There is the Localism Act proposal to clarify this situation and my understanding is that if it updates the relevant sections (213 and 214) of the deposit scheme rules then the penalty would exist even if the tenancy has ended.

 

Personally I am of the view to wait a while before chasing any dodgy landlord in respect to a deposit when the tenancy has ended as if/when the new legislation comes into force it will stop the loophole being used by landlords

 

Might be a few months to wait but could be worthwhile as the penalty would be included in the claim then and so long as it's done within 6 years I'm of the opinion to let the landlord think he has got away with it for now at least lol.

 

That's my understanding of the current situation and am trying to find out if anyone has an idea of possible timescales for the new legislation to hopefully come into force. I have followed a link on the forum somewhere (can't remember where, sorry) to write to my MP supporting the legislation and to encourage them to hurry it up

 

I'm sure others here will have a better idea on your situation and will be along soon.

 

AS

[raydetinu]

I believe you meant the T eended in 2011 not 2012.

If ended then you cannot claim or sue for non-protection now under the old rules.

The new act came into force on the 6th April 2012 and any existing deposits had to be protected by 6th May 2012 or LL would be liable to being taken to court for non-protection and could face paying the tenant the deposit back plus 1 to 3 times that ( extreme cases ).

You should write ( recorded ) to the LL now for your deposit back and give him 7 days to respond or you will take him to court. copy that to the Agent.

LL responsable not Agent.