TDS non compliance? Breach of contract?

[hairyb]

Hi

My landlord's letting agent or the landlord himself

Did not secure my deposit in a TDS during my 6 month tenancy until I asked for my deposit back at the end of the term - the agent said the landlord claims some damage to his property and that they have now sent off our deposit (nearly 2 weeks after we vacated the property?) and The Deposit Protection Scheme will have to deal with the problem??????

I have read a lot of TDS non compliance threads on here and different views and I wish to know if I possibly have a case against the landlord or his agent for TDS non compliance based on or around a possible breach of contract.

The reasons are as follows

It clearly states in my AST agreement

'The tenant shall pay to the agent,on the signing of this agreement,£xxxxx ( 'the deposit' ) as a Deposit,which shall be held by the 'Deposit Protection Service'The deposit will be protected by The Deposit Protection Service in accordance with the terms and conditions of The Deposit Protection Service and ADR rules' etc

Also my AST agreement goes on to say

'The Landlord shall place the Deposit with the Deposit Protection Scheme within 14 days of the tenancy commencing'

On this basis I signed the agreement, I would not of signed if I were told that the deposit may or may not be paid in to a deposit protection scheme or it could be paid in at anytime they wanted including after the letting term was over.

I am now of the opinion that they had no right to pay 'the deposit' into the scheme outside of the tenancy period (to use as a possible get out of jail free card) for they should not of retained my deposit in the first place if there was no intention to submit it in 14 days of recieving it and I view the monies that they have paid in to be just a sum of equal value to my deposit ie their money and that my deposit should be returned in full and proceed to take them to court for TDS non compliance.

Obviously the landlord and his agent were aware of their responsibilites and should have no excuse for non TDS compliance for the Agent drafted the agreement and the landlord signed it.

I would welcome any advice on how to proceed or comments on this scenario

and sorry folks for babbling on so much:)

Many thanks

Hairyb

[awt19]

My thoughts are that, although late, the TDS has been complied with, and from reading on these forums, it appears that judges have been ruling that as long as a T's deposit is protected, that are immune to the 3x penalty. Doesnt matter when they do it, either during or post tenancy. My advice is to use the arbitration service provided to get your deposit back. I dont think you have much chance at the penalty.

[hairyb]

My thoughts are that, although late, the TDS has been complied with, and from reading on these forums, it appears that judges have been ruling that as long as a T's deposit is protected, that are immune to the 3x penalty. Doesnt matter when they do it, either during or post tenancy. My advice is to use the arbitration service provided to get your deposit back. I dont think you have much chance at the penalty.

I tried to use the arbitration scheme at through DPS but had no joy for although I asked for my full deposit back through them I am getting nowhere.

They are awaiting the landlords response and it has been a month now,I phoned them and they informed me that there is no time limit for the landlord to respond and it was they that informed me I would have to pursue my claim through the courts for TDS non compliance as they did not recieve the deposit until the tenancy ended.

[Bel]

As there is not enough case law to predict which way the case could go, it is worth writing a letter (letter before action) to your LL saying that unless the depost is returned in full within X days, you will be suing for the return of your deposit and 3X the amount.

Did he serve you the relevant written notification after he protected the deposit?

[hairyb]

As there is not enough case law to predict which way the case could go, it is worth writing a letter (letter before action) to your LL saying that unless the depost is returned in full within X days, you will be suing for the return of your deposit and 3X the amount.

Did he serve you the relevant written notification after he protected the deposit?

No he did not, but what he did serve 2 months before the end of my agreement is a section 21 notice notifying me to vacate the property at the end of my tenancy as he had sold the house.

With what I have since learnt on the forums is that he possibly should not of done that due to TDS non compliance.

[Bel]

No he did not, but what he did serve 2 months before the end of my agreement is a section 21 notice notifying me to vacate the property at the end of my tenancy as he had sold the house.

With what I have since learnt on the forums is that he possibly should not of done that due to TDS non compliance.

If he did not serve you the written details regarding where your deposit is protected and what it can be used for , the terms and conditions of the scheme, who the LL is and who the tenant is etc, he is still in breach of Housing Act.

See citizens advice

[hairyb]

If he did not serve you the written details regarding where your deposit is protected and what it can be used for , the terms and conditions of the scheme, who the LL is and who the tenant is etc, he is still in breach of Housing Act.

See citizens advice

If this makes a difference

The Deposit Protection Scheme sent me the details themselves but this was sent to me over a week after he finally deposited the deposit, after my tenancy ended.

[Borat]

My thoughts are that, although late, the TDS has been complied with, and from reading on these forums, it appears that judges have been ruling that as long as a T's deposit is protected, that are immune to the 3x penalty. Doesnt matter when they do it, either during or post tenancy. My advice is to use the arbitration service provided to get your deposit back. I dont think you have much chance at the penalty.

I think that, although in some cases this has happened, relying on late compliance as a defence to the 3x sanction is not the best advice that could be given.

In my experience it appears if the landlord was unaware of the TDS rules and complied when informed of this the district judges take a more lenient view. In the case of a agent or landlord that was just trying to avoid their responsibilities (not that this is th OP's case) I have had cases go against the landlord even though they have complied late.

[Bel]

If this makes a difference

The Deposit Protection Scheme sent me the details themselves but this was sent to me over a week after he finally deposited the deposit, after my tenancy ended.

See section 213 of the Housing ACt 2004

http://www.opsi.gov.uk/ACTS/acts2004/ukpga_20040034_en_19