Tenancy Deposit Scheme advice please

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    Tenancy Deposit Scheme advice please

    I move into rented accommodation in 2004 before the law changed in April 2007 stating deposits must be protected by a tenancy deposit protection scheme.

    The original tenancy agreement had me and my best mate on it.

    However, in 2009, my best mate moved out, and my girlfriend moved in. We got a brand new tenancy agreement with the change of name and a new fixed term of 6 months and all was good.

    We have now bought our own house and have moved out of the old place. Have just received a letter from the landlord saying they are going to charge me £320 for gardening and cleaning.

    When i asked to dispute this, i asked what protection scheme my deposit was in, but it isn't in one.

    To me, this seems like she is in breach of the law, because my new tenancy agreement is from 2009 with a new name on it, but i think it may be a grey area in the fact i have always lived there.

    When my GF moved in, the landlord kept my original half of the £325 and gave the other half to my friend. My girlfriend then paid her £325

    Where do i stand?

    Thanks

    #2
    You definately have a new tenancy from 2009. Therefore your deposit should have been protected - no grey area.

    There are some major deposit protection cases going on this week which may have a bearing on whether you have any chance of getting more than your deposit back.

    However... if you want a quick and effective way to get your deposit back, try this letter - it has worked for several people on here...

    ================================

    letter before action

    Dear Mr XXXXXXXX

    RE: 123 High Street, Anytown, AT1 2AA

    On the XXX of XXX 2009 We paid you a tenancy deposit of £470 ( 2 x £235) in respect of the above property.

    The Housing Act 2004 introduced the concept of "Tenancy Deposit Protection" and obliges private landlords to protect/register all tenancy deposits with one of 3 approved schemes.

    I/We have verified with all three schemes that the deposit you hold was NOT protected by any scheme. This is unlawful.

    You must refund the outstanding balance of my/our deposit IN FULL within 14 days. If you fail to do so, I/we shall sue you for the balance due PLUS the statutory penalty for non-protection of deposits, which is three times the value of the deposit.

    Yours sincerely

    Comment


      #3
      So, it does not matter that I didn't receive my original deposit back as there wasn't any point in the landlord giving it back then me repaying the deposit straight away, they just kept hold of the original payment from 2004.

      Either way though, money exchanged hands last year, whether it was the full amount or not i guess

      Comment


        #4
        No, a new tenancy came into effect. The lack of physical cash changing hands doesn't matter because on paper your £235 went from "Jaybird + Mate" to "Jaybird & Girl" which are separate 'people' in the eyes of the law.

        It might help to remember that in law, the deposit is your money.

        Comment


          #5
          Thank you for the advice, i will send a letter tomorrow.

          I have already spoken to the landlord on the phone and they think they are in the right, so it looks like this may have to go to the County Court.

          I will keep you updated

          Thanks again

          Comment


            #6
            Landlord Hassle

            Go at him hard..

            They think they can walk all over people, but they can't..

            IE

            Comment

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