Late Deposit in TDS (Tenancy Deposit Scheme)

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    Late Deposit in TDS (Tenancy Deposit Scheme)

    If the deposit was submitted to TDS after the 14 day deadline - the tenants have now departed. There are now damages/cleaning charges where the amount must be deducted from the deposit. The tenants also have some claims against the landlord.

    If this goes further would the tenants/tenants solicitors will be able to claim 3x for the deposit being submitted late?

    #2
    Do you mean the TDS - http://www.thedisputeservice.co.uk/
    or the DPS - http://www.depositprotection.com/
    or MyDeposits - http://www.mydeposits.co.uk/

    Originally posted by keyboardape View Post
    There are now damages/cleaning charges where the amount must be deducted from the deposit. The tenants also have some claims against the landlord.
    What claims against the landlord?

    Comment


      #3
      Its mydeposits.co.uk (via authorized agent)

      Ex-tenants claim that the landlord was not available to help when the tenants needed help, sometimes not in the country. In addition there was some stuff stolen from the property without forced entry.

      There are damages in the property i.e. holes in the walls, garden messed up, dampness in the house (needed re-paint), left property dirty and in addition tenants left the property without notifying the landlord.

      Comment


        #4
        Originally posted by keyboardape View Post
        Its mydeposits.co.uk (via authorized agent)
        MyDeposits' term and conditions do not allow protection later than 14 days after receipt of the deposit from T. However, they will allow late protection in exceptional circumstances but would have to expressly give their permission for this. If it is the case that MyDeposits are unaware that the deposit was protected late, (perhaps agent submitted false dates?), then it's highly likely the 3x deposit sanction would apply.

        The only defence if the T brings a claim for non-compliance would be to return the whole deposit to the T (preferably before a claim is started), and use the argument described in the following links
        http://nearlylegal.co.uk/blog/2010/0...re-means-less/
        http://nearlylegal.co.uk/blog/2009/0...it-gets-worse/

        Note that returning the deposit would not prevent LL bringing a claim or counter-claiming in the county court (should T bring claim for non-compliance) for the alleged damage/unpaid rent.

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