TDS non compliance

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  • TDS non compliance

    I have two problems regarding the Tenant Deposit Scheme. Anybody's informed thoughts on either would be very much appreciated.

    Firstly I am in the process of trying to regain possession of a property let on an assured shorthold tenancy which commenced September 08. The tenant paid a £300 bond which I held without registering into the scheme. I registered it last week after the tenant wrote to me and queried it. Can I now serve a section 21 notice or am i barred from doing this for the duration of the tenancy under the provisions of the Housing Act 2004. I have notified the tenant that the deposit has now been placed in the scheme. From my reading of the act I think I should now be allowed to serve but not 100% certain. Does anybody know for sure?

    Secondly I have a number of other properties which I have let and not followed the scheme. I don't need possession so my inability to use the section 21 is less of a concern at the moment. However I am worried about the 3times deposit rule. Can I avoid this by placing the deposits into a scheme retrospectively and informing the tenants. Non have risen any concern or proceedings as yet.

    I know I said only two queries but the third one is only a quick one! Can the expedited 14 day possession procedures only be used after the 2 month s21 notice has expired?

    Many thanks - I will try to contribute where I can to the future threads.

  • #2
    Although there have been a few judgements in the past awarding tenants the 3x deposit penalty, the usual rule now appears to be that provided the deposit is paid into the scheme as soon as it is realised that this should have been done and hasn't, then the 3x deposit penalty will not be applied by the courts. As soon as this deposit is paid, then I understand that a section 21 process can be commenced.
    I would be suprised if you can get a tenant evicted within 2 weeks of the two months notice expiring! Maybe, if you are lucky, two weeks for the judge to inspect the paperwork and rule on it. Then after having obtained the possession order, another two weeks before it becomes final, then if the tenant still does not go, how long before the bailiffs will act? Expressions concerning a piece of string occurr, but it will certainly be another £95 and a week or three.
    Whether it is necessary or not, you are well advised to get your remaining deposits in a scheme ASAP.

    Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.


    • #3
      Make Sure you fully comply with the Law!

      Make sure you fully comply with the law and what information you must supply. For example the MyDeposits scheme allows you to down load the certificates for each tenant. But read carefully simply emailling will not fully comply with the law you have to print off a copy sign it and post along with the section for tenants which you can also download. I almost got caught out on this. Follow the threads on the forum and they'll take you to the government website on TDS. Don't sleep on this!


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