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what is the legalities of deposit scheme after 30 days?

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349 views 3 replies latest reply: 10 September 2015
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Tenant

Hi. could someone please advise me where I stand legally regarding my deposit?

I moved into a 2 bed flat under a landlady I’ll call KJ back in Feb 2007. I paid deposit. Later in 2012 I swapped to a 2 bed house KJ owned also and she said we could just carry the deposit over from the flat.

in 2013/14 I had some issues with her and asked for my deposit scheme information. She said she would email it over but I never received anything. I presumed it unprotected. I have been advised that she could pay a penalty if I decided to take her to court. I have read things that say she must give me ‘the prescribed information’ at time of protecting it and she must do it within 30 days. well I’ve never received any information whatsoever but I HAVE  managed to find it on TDS. it says began on 10/5/2012 which is about a week out but yeah OK. Then it says received by member 8/2/2007 which is the correct original time I gave her deposit for previous address. Then says registered on 15/1/2013. which is way after the 30 days from may 2012. does this mean she would still be liable in court or because it IS protected albeit late is it all classed as above board????

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Administrator

Hi Jolene

I’m not a lawyer but as far as I know landlords have 30 days to protect your deposit so as long as it’s been done within that time then there’s no cause for complaint. If it wasn’t protected then you can make a claim against the landlord for 1-3 times the amount of the deposit. The information about where the deposit is held is called Prescribed Information, as you say, and this has to be provided to you within 30 days of the deposit being paid. If it isn’t provided then the landlord can’t use the section 21 notice procedure to remove you from the property and you could make a claim against the landlord for 1-3 times the amount of the deposit. More information here.

Alex

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Tenant

thank you. That info was very useful.

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Tenant

Not a lawyer.

As far as I can see you have two entirely seperate contracts of lease and I am assuming that they contain different lease requirements, being different properties. The landlord should be aware of this and he is required to return the deposit from the last property to you and then you should pay the deposit for the new property to him and that deposit should be paid into the DPS by your landlord within the required 30 days.  The one deposit should not be attached to both properties.

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