Cookies must be enabled for this site to function properly

Topics / Deposits 

start a new discussion

A few questions regarding the TDS if you will......

0 helpful votes
This is the number of people who have indicated that they have found this discussion useful.
682 views 3 replies latest reply: 17 January 2015
Photo
Tenant

Hello, my deposit is in the TDS. I have a few questions about the scheme which I’m hoping you guys can answer please.

1). I’ve been in the property for over 2 1/2 years and have never received a TDP certificate from the letting agent (having had 4 tenancy agreements). I have also never recieved a ‘scheme leaflet’. Are both, or either of these legal requirements for the agent to serve?

2). I have just managed to download the certificate from TDS and it states:
Landlord: xxx xxxxx
Tenant(s): xxx xxxxx, xxx xxxxx
Beginning on: 4th May 2012
Deposit amount: £xxxx
Received by member xxxxx/xxxx::xxxxx 22nd June 2012
Registered with the TDS: 22nd June 2012
Does this mean unequivocally that the deposit was protected late? And what does ‘received by member’ mean? Is that when the agent told TDS they received the deposit from me?

3). If, as I suspect, the deposit was protected late, who is liable for the penalties? Is it the agent or landlord? Both are mentioned in the TDS ‘summary’, but just the landlord on the actual certificate. Though I have paperwork confirming that the agents are ‘holding’ the deposit.

4). I note the certificate still has the name of my former partner with whom I originally took out the tenancy (along with my name). The agents are well aware that I changed partners 2 years into the tenancy (8 months ago), and issued us with a new AST with my new partner’s name on. Is it a legal requirement for them to have changed the names with TDS?

5). I have received the PI with each of my 4 previous AST agreements. Since November 2014 my tenancy has become a SPT. I haven’t received any more PI; should I have been served new PI within 30 days of it becoming a SPT? (I was served the PI with a prospective new AST in November, but that was never signed or agreed to).

6). Is the agent required to notify the tenant that the deposit has been re-protected within 30 days of each AST starting (especially the one with my new partner’s name on), or just the first one?

Any/all help with these queries would be much appreciated. Thank you.

Photo
Administrator

Hi James

To answer your queries in order:

1)The requirement for the landlord to give you information relates to ‘Prescribed Information’ – this doesn’t have to be a certificate but should be ‘details about the scheme used to protect the deposit, instructions about disputes and key contact information.’ This should be done within 30 days.

2)The requirement is to protect the deposit within 30 calendar days of receiving it so it does look like it was protected late. Most schemes will refer to the landlord as the ‘member.’ So yes it does look like that was when the letting agent said they received the deposit (you could query that directly with them, it’s easy to prove otherwise if that’s the case as it was presumably done by bank transfer?).

3)The penalties will apply to the landlord. The agent is only instructed to act on their behalf, they cannot shift responsibility to the agent. If the agent didn’t protect the deposit on time then the landlord could take action against the agent but your course of action would be against the landlord directly.

4)Presumably the departing tenant would have wanted their share of the deposit back? With the new AST issued usually a new deposit would need to be protected.

5) & 6)  When a tenancy becomes a periodic tenancy it looks as though the protection is extended for the deposit from the AST (info here) so there is no need for any more prescribed information to be sent to you. However, each time a new AST is signed it looks like the deposit needs to be reprotected and new PI sent out. 

If you want proper legal advice on this then you can speak to the Citizens Advice Bureau but hopefully that has been helpful.

Alex

Photo
Tenant

Thanks very much Alex, most helpful.

For clarification, I have a receipt from the agent dated the day the tenancy started stating “deposit held”, so that should prove when it was paid (I don’t remember how it was paid at the time).

I gave the departing tenant her share of the deposit in cash when she left, for which I have a receipt from her. She also notified the agent that she was leaving and that the deposit was then to be in my name only. A new AST was then issued with the new joint tenant’s name on. The PI in that new agreement also had the new name. But I see that the certificate still shows the name of the old joint tenant. Not sure if that is another infringement by the agent?

Thanks for the link. Indeed it does say that the original deposit protection remains valid when rolling on to an SPT. BUT, it also states that new PI must be served “no later than 30 days after the end of the original fixed term AST.” We have had no new PI since it rolled on to an SPT. Nobody seems to know whether this is also an infringement. I understand there are moves afoot in parliament to address the Superstrike situation, of which this appears to be a similar case (serving of PI after rolling on to SPT). Superstrike determined that a tenancy rolling on to an SPT was, in fact, a NEW tenancy and that new PI must be served.

James

 

Photo
Administrator

Hi James

Yes, you have a point, it does look like that is also a requirement. On a practical level you have a catalogue of errors there from the agent…

Glad the info was helpful – let us know if we can help further.

Alex

Showing 1 - 3 of 3 Comments
start a new discussion

Post a reply