Letting agent failed to renew deposit service subscription..
Discussion
Hi,
I've been having problems getting my deposit back after just moving out of a flat as the letting agent claims furhter cleaning etc is required which is being disputed. I've raised a dispute with the TDS, but have noticed that on their website, when I enter the claim number, it states this expired Nov 08. I then signed another 6 month tenancy renewal from then.
I know if a landlord fails to register a deposit initially with a service, there are substantial fines upto 3x deposit. Would this also apply if they fail to renew the depoist registration at teh end of the initial 6 month term?
I've been having problems getting my deposit back after just moving out of a flat as the letting agent claims furhter cleaning etc is required which is being disputed. I've raised a dispute with the TDS, but have noticed that on their website, when I enter the claim number, it states this expired Nov 08. I then signed another 6 month tenancy renewal from then.
I know if a landlord fails to register a deposit initially with a service, there are substantial fines upto 3x deposit. Would this also apply if they fail to renew the depoist registration at teh end of the initial 6 month term?
Sarah_W said:
Hi,
I've been having problems getting my deposit back after just moving out of a flat as the letting agent claims furhter cleaning etc is required which is being disputed. I've raised a dispute with the TDS, but have noticed that on their website, when I enter the claim number, it states this expired Nov 08. I then signed another 6 month tenancy renewal from then.
I know if a landlord fails to register a deposit initially with a service, there are substantial fines upto 3x deposit. Would this also apply if they fail to renew the depoist registration at teh end of the initial 6 month term?
If your landlord/the agents have entered into with you a fixed term tenancy agreement, and have since renewed a new fixed term tenancy agreement. Then my understanding as a landlord would be, that at the end of the first fixed term tenancy, the landlord/agent must then either return your full deposit to you, or make deductions for repairs from the same. I've been having problems getting my deposit back after just moving out of a flat as the letting agent claims furhter cleaning etc is required which is being disputed. I've raised a dispute with the TDS, but have noticed that on their website, when I enter the claim number, it states this expired Nov 08. I then signed another 6 month tenancy renewal from then.
I know if a landlord fails to register a deposit initially with a service, there are substantial fines upto 3x deposit. Would this also apply if they fail to renew the depoist registration at teh end of the initial 6 month term?
If your landlord/agent has made no deductions from your deposit, then your full deposit from the first tenancy goes as a deposit on your second/renewed tenancy agreement.
Whilst there may be no physical passing of monies/deposit, between the ending of the first and the starting of the second tenancy agreement, the Deposit would again though have to be registered.
If your Deposit has not be re-registered, then your landlord/agents will not be able to make any deductions, for the second term from your Deposit.
There is also a breach under the legislation if either a landlord/agent fails to notify the tenant of how the Deposit has been registered.
Edited by Wings on Tuesday 30th June 23:31
as wings says really, but
Just because you signed a new agreement for the same property the deposit would not have to be moved to a new ID this is just a continuation of the current tenancy and therefore you would not have to do anything either as agent or tenant.
Matt
ETA
ofcourse the landlord may have re registered your deposit in their haste and un understanding of the scheme rules, but you should have recived a new ID in that case. Have you ask the agents about this?
Just because you signed a new agreement for the same property the deposit would not have to be moved to a new ID this is just a continuation of the current tenancy and therefore you would not have to do anything either as agent or tenant.
Matt
ETA
ofcourse the landlord may have re registered your deposit in their haste and un understanding of the scheme rules, but you should have recived a new ID in that case. Have you ask the agents about this?
Edited by The Tea Boy on Wednesday 1st July 13:46
"Renewing existing tenancies
There has been recent clarification provided to landlords about what steps to take when a landlord issues an existing tenant with a new fixed term AST agreement after the expiry of the original fixed term AST. If the landlord has used one of the insurance based schemes, the landlord is required to “unprotect” the original deposit and purchase a new deposit protection for the new AST.
If the landlord is simply increasing the rent payable under the AST at or after the end of the fixed term, with the agreement of the tenant, and without issuing a new fixed term AST, then the original deposit protection remains valid."end
From the OP I believe the landlord/agent has issued a new fix term AST, therefore if the landlord/agents have not purchased a new deposit protection against the new AST, together with informing the tenant/op within 14 days of the start of that tenancy of doing the same, then there is a case of the OP/tenant seeking redress to the small claims court.
There has been recent clarification provided to landlords about what steps to take when a landlord issues an existing tenant with a new fixed term AST agreement after the expiry of the original fixed term AST. If the landlord has used one of the insurance based schemes, the landlord is required to “unprotect” the original deposit and purchase a new deposit protection for the new AST.
If the landlord is simply increasing the rent payable under the AST at or after the end of the fixed term, with the agreement of the tenant, and without issuing a new fixed term AST, then the original deposit protection remains valid."end
From the OP I believe the landlord/agent has issued a new fix term AST, therefore if the landlord/agents have not purchased a new deposit protection against the new AST, together with informing the tenant/op within 14 days of the start of that tenancy of doing the same, then there is a case of the OP/tenant seeking redress to the small claims court.
Wings said:
"Renewing existing tenancies
There has been recent clarification provided to landlords about what steps to take when a landlord issues an existing tenant with a new fixed term AST agreement after the expiry of the original fixed term AST. If the landlord has used one of the insurance based schemes, the landlord is required to “unprotect” the original deposit and purchase a new deposit protection for the new AST.
If the landlord is simply increasing the rent payable under the AST at or after the end of the fixed term, with the agreement of the tenant, and without issuing a new fixed term AST, then the original deposit protection remains valid."end
From the OP I believe the landlord/agent has issued a new fix term AST, therefore if the landlord/agents have not purchased a new deposit protection against the new AST, together with informing the tenant/op within 14 days of the start of that tenancy of doing the same, then there is a case of the OP/tenant seeking redress to the small claims court.
Hi. Thanks for your posts folks. The landlord issued a contract extension for which I was charged. I've had a complete nightmare with the letting agent who are now trying to charge me for cleaning and damage that is even noted on the checkin inventory and I don't trust their word that the deposit was registered as required.There has been recent clarification provided to landlords about what steps to take when a landlord issues an existing tenant with a new fixed term AST agreement after the expiry of the original fixed term AST. If the landlord has used one of the insurance based schemes, the landlord is required to “unprotect” the original deposit and purchase a new deposit protection for the new AST.
If the landlord is simply increasing the rent payable under the AST at or after the end of the fixed term, with the agreement of the tenant, and without issuing a new fixed term AST, then the original deposit protection remains valid."end
From the OP I believe the landlord/agent has issued a new fix term AST, therefore if the landlord/agents have not purchased a new deposit protection against the new AST, together with informing the tenant/op within 14 days of the start of that tenancy of doing the same, then there is a case of the OP/tenant seeking redress to the small claims court.
On checking at the TDS website with the reference number I was given, it states the registration expired at the end of the first 6 month term (Nov 08).
Are you saying that they needed to re-register the desposit and advise me of the new number and that I may now have a claim? I've read through the section of the 2004 housing act and whilst I can find reference to compensation of 3 times the deposit amount, I can't find reference to any penalty for lettng a registration lapse, so unsure if I've got a case.
Firstly, I am not a solicitor, just a landlord, the former, together with this line of communication not being the best for obtaining all the facts, and therefore giving you the right legal advice, might be advisable for you to speak to a solicitor at your local Citizens Advice Bureau.
However, from my understanding of the Deposit Scheme, where a AST is renewed then the Deposit protection needs to be renewed. Either the Landlord/Agent needs to within 14 days inform the tenant of which deposit scheme the deposit is protected under, failure to do so is a breach under the legislation.
If the agents have allowed the protection of the Deposit to elapse, then the Deposit is no longer protected, therefore being a breach under the legislation.
At the end of any AST, the landlord/agent has 14 days to inform the tenant on the refund, including deductions, of the Deposit, where a tenant does not agree with the monetary deductions, then where the tenant has informed the Landlord/Agent of the same, then the Landlord/Agent must inform the DPS, those protecting the Deposit, of the dispute over the impending deductions.
With the above in mind, it would pay you to register via a recorded letter to the Agents, that you dispute causing the damage, and their intentions to make a financial deduction from your Deposit, to cover the costs for the same. Such a letter, be polite and to the point, since your letter may later be reviewed by the Courts, should create a response from the Agent, either a full refund of your Deposit, or details of who your Deposit is protected/registered with.
Upon what you have posted, I am certain beyond doubt, that if the Agents have not renewed/protected your Deposit, then the judgement of the Court will fall in favour of yourself.
However, from my understanding of the Deposit Scheme, where a AST is renewed then the Deposit protection needs to be renewed. Either the Landlord/Agent needs to within 14 days inform the tenant of which deposit scheme the deposit is protected under, failure to do so is a breach under the legislation.
If the agents have allowed the protection of the Deposit to elapse, then the Deposit is no longer protected, therefore being a breach under the legislation.
At the end of any AST, the landlord/agent has 14 days to inform the tenant on the refund, including deductions, of the Deposit, where a tenant does not agree with the monetary deductions, then where the tenant has informed the Landlord/Agent of the same, then the Landlord/Agent must inform the DPS, those protecting the Deposit, of the dispute over the impending deductions.
With the above in mind, it would pay you to register via a recorded letter to the Agents, that you dispute causing the damage, and their intentions to make a financial deduction from your Deposit, to cover the costs for the same. Such a letter, be polite and to the point, since your letter may later be reviewed by the Courts, should create a response from the Agent, either a full refund of your Deposit, or details of who your Deposit is protected/registered with.
Upon what you have posted, I am certain beyond doubt, that if the Agents have not renewed/protected your Deposit, then the judgement of the Court will fall in favour of yourself.
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