TDS Says or Tenancy ended Years ago… It didn\’t. | The Tenants' Voice
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TDS Says or Tenancy ended Years ago... It didn't.

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1427 views 1 replies latest reply: 24 April 2015

We’ve been in dispute with our landlady about our deposit for the last ten weeks (the date we moved out).  We accidentally burned a hole in the (really old and poor quality) carpet and she has said that she wants to make a claim against our deposit.  We agree that we should pay something, but the figure she has quoted is very excessive considering the conservative estimate on the carpet’s age is around 12 years.  We have been asking to see a invoice for 8 weeks, but she has refused to provide us or the letting agents with it.  We’ve had no contact for over a month now.

So we reached the end of our tether and put in a dispute with the Tenancy Dispute Service.  We’ve just had an e-mail back to say that our deposit is no longer registered with them.  Upon further investigation their website says that our tenancy ended in September 2011! We don’t know who informed them of this, but now we are very worried because we don’t know our legal position.  How can it be legal for someone to simply cancel our protection in the middle of our tenancy without letting us know?!

Any advice or shared experiences would be appreciated because I cannot find a similar situation anywhere on the internet.

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Hi Jordan

Your deposit protection should have been renewed with each new tenancy – so if you signed a new tenancy each year then the landlord/agent would have had 30 days to register the new deposit and send you the details of where it was protected.

Your deposit could be protected with one of the other schemes – they are detailed here. Search each one before you panic.

If your deposit isn’t protected anywhere then that’s a big problem – for the landlord. If the tenancy is dated after 2007 then the landlord is legally required to protect the deposit. If this hasn’t been done then you can make a claim against the landlord to repay the deposit in its entirety and for compensation of between 1 and 3 times the amount of the deposit. 

I’d start off by finding out if the tenancy is protected with a different scheme. If not, contact the landlord and highlight the legal requirements for deposit protection, as well as the penalties for not doing this. Tell them you want the deposit repaid or you’ll be taking court action. If you don’t hear then take action – details on how to do that here.

REMEMBER that most tenancy deposit schemes only give you a limited time in which to raise a dispute (12 weeks is the norm I think) so if the deposit is registered with another scheme then you need to move quickly.


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