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.