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Ll Is Claiming Tds Requirements Not Applicable Until January 2009

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Hi all,

Wanted to get some clarification before I go further with a dispute.

Moved into property 1st June 2008, left 1st Jan 2010. Standard AST, but direct to LL, not through an agency.

LL is making some over-the-top claims on the deposit (damage to a stainless steel worktop......it's 2 1/2 years fair use imo). Anyway, I looked for our deposit on the three TDS schemes, and found nothing. I asked the LL which TDS scheme our deposit was held with, he has replied stating that TDS was not a requirement until January 2009.

I don't believe this to be true, and am ready to send a letter before asking asking for our full deposit refunded.....but our LL is partner in a well-known law firm, and I'm worried that he may know some technicality I'm not aware of.

Is there any scenario in which a TDS scheme was not required until January 2009?

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Hi all,

Wanted to get some clarification before I go further with a dispute.

Moved into property 1st June 2008, left 1st Jan 2010. Standard AST, but direct to LL, not through an agency.

LL is making some over-the-top claims on the deposit (damage to a stainless steel worktop......it's 2 1/2 years fair use imo). Anyway, I looked for our deposit on the three TDS schemes, and found nothing. I asked the LL which TDS scheme our deposit was held with, he has replied stating that TDS was not a requirement until January 2009.

I don't believe this to be true, and am ready to send a letter before asking asking for our full deposit refunded.....but our LL is partner in a well-known law firm, and I'm worried that he may know some technicality I'm not aware of.

Is there any scenario in which a TDS scheme was not required until January 2009?

The legislation came into effect on 6 April 2007. After that date all deposits taken for Assured Shorthold Tenancies should have been covered

http://www.thedisputeservice.co.uk/index.php?p=207

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The legislation came into effect on 6 April 2007. After that date all deposits taken for Assured Shorthold Tenancies should have been covered

http://www.thedisput...index.php?p=207

There is a bit of a legal no-mans-land if the tenancy commenced before april 07 and was renewed after that date, but if you actually moved in in 2008 I can't see any possible reason why not. There may have been changes to the administration details, but not the requirement to protect.

Have a look at the Shelter website

http://england.shelter.org.uk/get_advice/paying_for_a_home/tenancy_deposits/deposit_protection_schemes

I take it you are in England not Scotland?

There may be a terminology problem - perhaps your LL is in an insurance based scheme, in which case he sticks to the deposit but has to take out a bond to cover it?

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Hi all,

Wanted to get some clarification before I go further with a dispute.

Moved into property 1st June 2008, left 1st Jan 2010. Standard AST, but direct to LL, not through an agency.

LL is making some over-the-top claims on the deposit (damage to a stainless steel worktop......it's 2 1/2 years fair use imo). Anyway, I looked for our deposit on the three TDS schemes, and found nothing. I asked the LL which TDS scheme our deposit was held with, he has replied stating that TDS was not a requirement until January 2009.

I don't believe this to be true, and am ready to send a letter before asking asking for our full deposit refunded.....but our LL is partner in a well-known law firm, and I'm worried that he may know some technicality I'm not aware of.

Is there any scenario in which a TDS scheme was not required until January 2009?

I think it came in effect from 6th April 2007. It was in the Housing Act of 2004, the active date was 6.4.07. The scheme has an insurance for tenants where a LL fails to do as required and can return your deposit in full and claim the amount off the LL. That might be an embarrassment to this Solicitor. Best to point out you think the date is 6.4.07 and request your deposit back forwith, deny any claim of his you genuinely do not agree with. Point out, in the absence of settlement, you will have to refer the matter to TDS for resolution. Theee is either an insurance based scheme or it's fully held by the TDS. One of them must be in effect.

Edited by plummet expert

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Hi all,

Wanted to get some clarification before I go further with a dispute.

Moved into property 1st June 2008, left 1st Jan 2010. Standard AST, but direct to LL, not through an agency.

LL is making some over-the-top claims on the deposit (damage to a stainless steel worktop......it's 2 1/2 years fair use imo). Anyway, I looked for our deposit on the three TDS schemes, and found nothing. I asked the LL which TDS scheme our deposit was held with, he has replied stating that TDS was not a requirement until January 2009.

I don't believe this to be true, and am ready to send a letter before asking asking for our full deposit refunded.....but our LL is partner in a well-known law firm, and I'm worried that he may know some technicality I'm not aware of.

Is there any scenario in which a TDS scheme was not required until January 2009?

He's talking rubbish. Never assume a lawyer knows anything outside of his own specialism, particularly if it is a recent development. He should have protected your deposit.

Now that you know that he hasn't, you should stop discussing deductions and start threatening him with a 3 x deposit penality if you decide to take it to a small claims court. Don't let him give you any b/s about the 3 x deposit penalty being declared illegal recently. If you need any more information on that last point, let me know.

Edited by MacGuffin

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  • 284 Brexit, House prices and Summer 2020

    1. 1. Including the effects Brexit, where do you think average UK house prices will be relative to now in June 2020?


      • down 5% +
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      • Even
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      • up 5%



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