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Just wondering if anybody know what the law in this case it.

We started renting this place since may 2006 with a deposit of £1875 when the TDS law was not in place. We then renewed the contract every year with signing a new one.

After reading here that the deposit should be protected if you renew the contract I phoned the EA up last week to find out about our deposit.

First they told us that the deposit is probably in an TDS, but I told them that I never got any paperwork for it, they then said that they will look into it.

Today I got the paper saying that my deposit is in a TDS and the date of it is the 20/07/2009.

This means they quickly put it in.

I was wondering now what the law is regarding not putting it in a TDS earlier..at least when we signed the new contract in may 2007?

Is signing every year a new contract the same then signing a contract for the first time?

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The law isn't very clear, but it seems they are not obliged to put it into a TDS for a simple renewal, so I'd just be glad they have done it.

+1

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Just wondering if anybody know what the law in this case it.

We started renting this place since may 2006 with a deposit of £1875 when the TDS law was not in place. We then renewed the contract every year with signing a new one.

After reading here that the deposit should be protected if you renew the contract I phoned the EA up last week to find out about our deposit.

First they told us that the deposit is probably in an TDS, but I told them that I never got any paperwork for it, they then said that they will look into it.

Today I got the paper saying that my deposit is in a TDS and the date of it is the 20/07/2009.

This means they quickly put it in.

I was wondering now what the law is regarding not putting it in a TDS earlier..at least when we signed the new contract in may 2007?

Is signing every year a new contract the same then signing a contract for the first time?

My understanding is that if you sign a new fixed term agreement then the deposit must be protected regardless of when the original contract started. When it first came out I agree it was a bit of a grey area but I've read somewhere that there has been a similar court case and that the judge ruled in favour of the tenant. I can't remember where I read it but I'll try and find out.

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My understanding is that if you sign a new fixed term agreement then the deposit must be protected regardless of when the original contract started. When it first came out I agree it was a bit of a grey area but I've read somewhere that there has been a similar court case and that the judge ruled in favour of the tenant. I can't remember where I read it but I'll try and find out.

There have been cases going both ways; but, to the best of my knowledge, nothing in a court that was binding on lower courts.

Trouble is, the original Act said deposits "received" after the relevant date, and it's stretching ordinary use of language to say that then applies to a renewal when no further deposit money changes hands.

I did a lot of digging on this when it first came in, and at that time the Shelter website, for one, said it didn't apply on renewals. The next year we didn't bother with deposits because of the hassle- we'd refunded 100% for the previous few years and had parental guarantees so it didn't seem worthwhile.....

Planner, I know, takes a virulently opposing view!

Most LLs play safe now, and it's a diminishing problem as the years go by, so there may never be a fully definitive test case.

Edited by cartimandua51

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Its not that I want to go for the 3 times deposit thing..I just would like to know what my rights are, in case the LL wants to pull a fast one with the deposit when we move out in a couple of months ;)

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Its not that I want to go for the 3 times deposit thing..I just would like to know what my rights are, in case the LL wants to pull a fast one with the deposit when we move out in a couple of months ;)

Now it's in the scheme, they can do nothing

tim

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Now it's in the scheme, they can do nothing

tim

We will have lived in the property 4 years and we kept it and the garden very well..we even did most of the minor repair our self, but I'm afraid that they charge us for stuff which should be wear and tear over 4 years...

We didn't bother them at all, only for the yearly gas check...and they managed to do it once in 3 1/2 year :rolleyes:

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We will have lived in the property 4 years and we kept it and the garden very well..we even did most of the minor repair our self, but I'm afraid that they charge us for stuff which should be wear and tear over 4 years...

But that's exacty what the deposit schemes are there to stop

tim

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The law isn't very clear, but it seems they are not obliged to put it into a TDS for a simple renewal, so I'd just be glad they have done it.

just had a judgement from the TDS> they ignored the previous 9 ASTs, and as far as they were concerned, the renewal was a new contract, so yes, it should have gone into a TDS along with the new contract.

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just had a judgement from the TDS> they ignored the previous 9 ASTs, and as far as they were concerned, the renewal was a new contract, so yes, it should have gone into a TDS along with the new contract.

What is a ASTs ?

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just had a judgement from the TDS> they ignored the previous 9 ASTs, and as far as they were concerned, the renewal was a new contract, so yes, it should have gone into a TDS along with the new contract.

But the TDS are not the regulating authority for the "law", the courts do this.

tim

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There have been cases going both ways; but, to the best of my knowledge, nothing in a court that was binding on lower courts.

Trouble is, the original Act said deposits "received" after the relevant date, and it's stretching ordinary use of language to say that then applies to a renewal when no further deposit money changes hands.

I did a lot of digging on this when it first came in, and at that time the Shelter website, for one, said it didn't apply on renewals. The next year we didn't bother with deposits because of the hassle- we'd refunded 100% for the previous few years and had parental guarantees so it didn't seem worthwhile.....

Planner, I know, takes a virulently opposing view!

Most LLs play safe now, and it's a diminishing problem as the years go by, so there may never be a fully definitive test case.

I think it's right to play safe because it is still a new contract and so the deposit should be protected. Painsmith deal with our legal side and effectively write our agreements and so they say we need to put renewals into TDS although interestingly enough not periodic renewals. The case I'd read about was on Painsmiths blog and so you are right about it not being binding (yet):

'A recent judgement in Clerkenwell & Shoreditch County Court has clarified another issue relating to Tenancy Deposit Protection. HHJ Cryan has indicated that as far as he is concerned a deposit taken for a tenancy which began prior to the intorduction of TDP on 6 April 2007 does not have to be protected but that when the tenancy is renewed the deposit is, in effect, taken again and must therefore be protected from that point. This was a well accepted interpretation of the position but it is nice to see confirmation. It must of course be noted that this decision is not one of record and is not, therefore binding on other Courts.

Unfortunately, this opens up another possible problem. It is widely believed that a tenancy that becomes periodic under the aegis of s5 Housing Act 1988 does not need its deposit protecting. However, s5 states that the periodic tenancy is arises immediately the fixed term tenancy ends and it therefore seems to be the case that this is a new tenancy just as much as any renewed tenancy. One wonders when this point will be raised and what the outcome will be. In the meantime the rule must be that if there is any doubt then the deposit should be protected'

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