Blackcatgirl
06-11-2009, 15:25 PM
Dear All,
I have confirmation from the three schemes regarding their views on a LL attempting to place deposit money into a scheme after court action started by a T and after the tenancy ended...
Mydeposits said "Further to your recent email, a deposit can not be protected with our scheme once the tenancy has ended. This should be protected with a scheme within 14 days as per the current legislation, however this can be protected with our scheme anytime during the initial fixed term period."
The Dispute Service said "Deposits have to be protected within 14 days of the Tenant moving into a property. If you were to protect a Tenants deposit after this we may not be able to get involved due to the deposit not being protected correctly. For us to get involved we would also need our Clauses and Prescribed information in the Tenants Tenancy agreement. I would advise to seek legal advice from here onwards"
And the DPS (which is the one my LL tried to use) ... "If you had made us aware of this before the Deposit was submitted, we would not have accepted the Deposit. As there is no option on our website to state weather the Tenancy has ended or not, we were not aware and as a result unable to know that it was necessary to reject the Deposit. Subsequently the Deposit was submitted successfully." ...
but ... upon stating I was a T and taking the LL to Court ... the DPS have since said "Your account has been suspended today so no claim can be made by the Landlord. The DPS will not release any part of the Deposit unless it has a Court Order which refers specifically to the Deposit and/or the scheme administrator and the amount of the Deposit to be paid out. The DPS wish you luck in your court case".
Hope some other T's find this information useful if they find themselves in the same boat of a LL attempting to get out of all of his obligations to protect the deposit and attempting to pocket the lot!
I have confirmation from the three schemes regarding their views on a LL attempting to place deposit money into a scheme after court action started by a T and after the tenancy ended...
Mydeposits said "Further to your recent email, a deposit can not be protected with our scheme once the tenancy has ended. This should be protected with a scheme within 14 days as per the current legislation, however this can be protected with our scheme anytime during the initial fixed term period."
The Dispute Service said "Deposits have to be protected within 14 days of the Tenant moving into a property. If you were to protect a Tenants deposit after this we may not be able to get involved due to the deposit not being protected correctly. For us to get involved we would also need our Clauses and Prescribed information in the Tenants Tenancy agreement. I would advise to seek legal advice from here onwards"
And the DPS (which is the one my LL tried to use) ... "If you had made us aware of this before the Deposit was submitted, we would not have accepted the Deposit. As there is no option on our website to state weather the Tenancy has ended or not, we were not aware and as a result unable to know that it was necessary to reject the Deposit. Subsequently the Deposit was submitted successfully." ...
but ... upon stating I was a T and taking the LL to Court ... the DPS have since said "Your account has been suspended today so no claim can be made by the Landlord. The DPS will not release any part of the Deposit unless it has a Court Order which refers specifically to the Deposit and/or the scheme administrator and the amount of the Deposit to be paid out. The DPS wish you luck in your court case".
Hope some other T's find this information useful if they find themselves in the same boat of a LL attempting to get out of all of his obligations to protect the deposit and attempting to pocket the lot!