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Ash
Ash, Solicitor
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My landlord has taken my deposit out of a TDS scheme even though

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my landlord has taken my deposit out of a TDS scheme even though I am not moving out of the property. The Deposit scheme has contacted me and advise to look for legal advised. So here I am! Patrick Hayden MOB 07981 532120
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.

Hello Patrick my name is ***** ***** I will help you.

Have you given notice to leave please?

Alex

Customer: replied 1 year ago.
No, I have not given notice. My contract expires on the 17th Oct. They have also tried to impose a new contract with different terms which I refused. They tries to increase my rent by £15 per month. The new contract says no deposit is required which seems very dodgy. I have a PDF copy of the new tenancy agreement they tried to impose and also my original tenancy contract if you require this. Thanks
Customer: replied 1 year ago.
the new conttact they want to come into effect immediately even though my existing one lasts until Oct.
Customer: replied 1 year ago.
Please to meet you Alex!
Customer: replied 1 year ago.
I live in a shared flat and there are at least four people in the same as me and my wife. Perhaps there is power in numbers?
Customer: replied 1 year ago.
CORRECTION: in the same position as me and my wife (I meant to say)
Expert:  Ash replied 1 year ago.

Ok - well on the basis your deposit has been taken out this is illegal. As such the Landlord can not take ANY step to evict you and indeed you can sue for breach of the Housing Act rules for taking the deposit out.

The Landlord can NOT increase rent, nor change ANY terms - you have a contract until 17th October.

You need to write and say the Landlord is in breach of the deposit rules and ask that it is protected otherwise you will go to Court.

If he refuses you can issue a claim for x3 the deposit value. You can do this online www.moneyclaim.gov.uk or at: http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf

Can I clarify anything for you about this today please?
Alex

Customer: replied 1 year ago.
Thanks for your advice. When you say "you need to write" you mean to the landlord (in this case the agent) right? Or do you mean write directly to the court...I read somewhere (cit advise ) that they should return the deposit to me...or should I just request the landlord to give me the money. Or should I ask him to put it in the scheme. It seems they are already in the wrong and I would like to file a claim. They did not even advise me they were going to take it out of the scheme. Thanks
Expert:  Ash replied 1 year ago.

Yes write to the Landlord or agent. But its the Landlord as he/she has control of the property.

Does that clarify?
Alex

Ash and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Ok I sent sent them a mail advising them they are outside schemes rules. How long should I wait until I file a claim ( taking into account they took deposit out of scheme about a month ago)? Thanks patrick
Expert:  Ash replied 1 year ago.

14 days.

Does that clarify?
Alex

Customer: replied 1 year ago.
Wow my goodness that was a quick response!
Expert:  Ash replied 1 year ago.

Happy to help. If I could invite you to rate my answer before you go today please, otherwise the site does not credit me for the time spent with you today. Thanks and good luck. Alex

Customer: replied 1 year ago.
Done 5 stars and review
Expert:  Ash replied 1 year ago.

Thanks!

Customer: replied 1 year ago.
Hi Alex,Can you please clarify one point. The letter the scheme sent me says the deposit is not protected three months after the 18 March (mid June). This means deposit is current protected. I have asked the landlord to secure this a number of times but he refuses to do so. Can I make the claim even though we have not gone past the mid June point yet?
Thanks - Patrick
Customer: replied 1 year ago.
by the way the second link you sent me does not work. Can you please resend.
Expert:  Ash replied 1 year ago.

http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n001-eng.pdf

I hope that helps! Alex

Customer: replied 1 year ago.
Can you please look at my previous post? Thanks patrick
Expert:  Ash replied 1 year ago.

Yes as the Landlord should do it within 14 days of receiving it.

Alex

Customer: replied 1 year ago.
Sorry your answer confuses me. When you say receiving it you mean? The deposit is only held custodially. Can you please elaborate. I want to be sure if I am making a claim that it is done in sure ground.
Expert:  Ash replied 1 year ago.

Once your landlord has received your deposit, they have 30 days to tell you:

  • the address of the rented property
  • how much deposit you’ve paid
  • how the deposit is protected
  • the name and contact details of the tenancy deposit protection (TDP) scheme and its dispute resolution service
  • their (or the letting agency’s) name and contact details
  • the name and contact details of any third party that’s paid the deposit
  • why they would keep some or all of the deposit
  • how to apply to get the deposit back
  • what to do if you can’t get hold of the landlord at the end of the tenancy
  • what to do if there’s a dispute over the deposit
Customer: replied 1 year ago.
Hi Alex,I appreciate its late at night. Sorry your answer confuses me even more. As far as I am aware the deposit is custodial so the scheme does not hold the deposit. The landlord always has it. Please correct me if I am wrong. So to be clear; what I am asking is that even though my deposit is secured I can make a claim because the landlord refuses to put it back in the scheme which would then be protected after mid-June? Thanks Patrick
Expert:  Ash replied 1 year ago.

Patrick - the landlord MUST protect your deposit. This is a legal requirement. The Landlord can NOT serve any notice on you to quit whilst the deposit is not protected. The Landlord can NOT hold the deposit.

Customer: replied 1 year ago.
The deposit is protected until the mid June though?? My Deposits have shut down their a/c they (My deposits) advised me today. It seems to me you still have not answered my question, sorry to repeat: So to be clear; what I am asking is that even though my deposit is secured I can make a claim because the landlord refuses to put it back in the scheme which would then be protected after mid-June? This is the last message of today. Thanks
Expert:  Ash replied 1 year ago.

Yes you can still make a claim. Does that clarify? Alex

Customer: replied 1 year ago.
great thanks!
Customer: replied 1 year ago.
Hi Alex,
I'm sorry to get back to you again, however I have just been on the phone with My Deposits. The manager I spoke to advised me that normally it is not an issue if the deposit is taken out and is still covered for a future date. The landlord may want to switch to a different deposit scheme which is quite a normal thing to do.As previously mentioned my deposit will cease to be covered on the 18 June. Can you please confirm that I can indeed claim on the basis that on the 5 May I requested my deposit to be put into a protection scheme and it was not re-protected within 14 days?I just need to be sure that I am making a claim in the right way.
Thanks in advance - Patrick
Expert:  Ash replied 1 year ago.

Correct. Alex

Customer: replied 1 year ago.
Hi Alex, The landlord has given me notice on the property. The reason looks to be because I will not sign a new contract (which I believe to be an invalid reason). This looks to be another complication to the situation and I need help to know what my rights are and how best to respond.Below is a copy of the email they sent me on the 6th June:"Good Morning Patrick,I hope this email finds you well and my apologies for the delay in sending this email, however I had to confirm a few important points before sending this.Following our discussion on Tuesday I would like to confirm we will be returning your deposit of £955.00 plus £30.00 towards your legal fees within 14 days of you responding to this email and confirming all terms.Unfortunately despite my team and I best effort to make you understand why we need you to sign our updated contract, have repeatedly refused to do so. I am now formally serving you 30 days notice for Flat 9,***** W5 2EF.A member of my team will be in contact during the week to discuss your options, if you wish to stay in our property.If you have any urgent questions please do not hesitate to contact details provided below."Another point; I was advised my friend who manages properties that the company holding the deposit should be quoted in the contract. MyDeposits are not quoted in my tenancy agreement.Another concern I have is that the details in put in the claim may be insufficient. Below is the text for reference:FINDSTAY took my tenancy deposit of £955 out of the deposit scheme. My Deposits contacted me (29th March) and advised that the Findstay had taken out my deposit and as of mid June the deposit would not be protected anymore. On the 22 April Findstay contacted me and
tried to coerse me into signing a new contract which I refused as my existing contract is valid until 16 Oct 16. I
contacted them on the 5 May asking for deposit to be put back into the deposit scheme. They refused to do this. I spoke to Dee at Findstay on the 23 May and he still refused to put my deposit in the scheme.Below is also an email trail which I believe is important:Date: 23 April 2016 09:17:46 BST
To: Dee <*****@******.***>
Cc: info <*****@******.***>,***@******.***, "gmail. com Imap." <*****@******.***>Dear Dee,I have read you email and the new contract you sent through. I cannot understand why you are trying provide us a new contract which is dated from the 1 April. We already have a contract in place which is from the 17 Oct '15 to 17 Oct ’16 (12 months with a break clause after 6 months).In your notification below you advise that the new contract has a break clause after 6 months from which starts on the 1 April, but your start date of the contract is this date as well. May I remind you that the date of the break clause in our existing contract is 17 April ’16.When we moved into the property we were advised by Fran that any property that Findstay letted that had more than two bedrooms a cleaner would be provided at no extra charge. This did not happen from when we moved in. Then in Jan we flagged this to you and you provided a cleaner. Now, in your new contract you are expecting to pay extra for this which does does not seem right.For what you reason I should sign the new contract I don’t know. I have an existing contract in place and intend to honour that. In the below trail you mention that the only difference in the new contract is that there is no deposit. However, this is simply not true.As I mentioned to you in my email of the 9 April, the security deposit scheme company contacted me advised you had taken my deposit out of the scheme. They also advised me to seek legal advise on this matter.I look forward to hearing from you soon in writing.Regards
PatrickOn 22 Apr 2016, at 18:48, info <*****@******.***> wrote:Dear Sir / Madam,
Our terms of business has changed slightly, we are now rolling out our old contracts and direct debit mandates are now compulsory for all our clients.
From May 2016 a Cleaner will visit all our properties every Two weeks and cleanse all communal areas, there will a £10 additional charge per tenancy per month.Attached is a copy of your new tenancy agreement please if check all the details are correct, if not please email the email addresses written below with the relevant information.This must be done as a matter of urgency, so please do not delay we need to book you in to come into the office to sign the agreement.The difference between the contracts is simply there is no more deposit, the first & last month's rent will be paid in advance, payments in between will be collected via direct debit which is mandatory.We have issued a 12 month contract with a break clause at the end of the first 6 months, from the 1st of April 2016.
If for any reason you need this contract changed or amended please email -***@******.*** & cc***@******.***
Customer: replied 1 year ago.
Alex please let me know the best way to progress this issue. I believe their most recent mail to me makes there position worse because they are basically saying I have to move out of the the property for the reason of not signing a new contract which is obviously an invalid reason.
Thanks and regards ***** *****
Expert:  Ash replied 1 year ago.

If you could rate my answer then I can continue to speak with you. Until you do the site does not pay me and I work for free. Thanks. Alex

Customer: replied 1 year ago.
I already rated you 5 stars. I can't see any other option to rate you again here. Please let me know if I have missed something.
Thanks - Patrick
Expert:  Ash replied 1 year ago.

Ah you have yes, thanks!

Customer: replied 1 year ago.
OK, so what do I need to do to get some advise on the recent developments?
Thanks - Patrick
Expert:  Ash replied 1 year ago.

Calling now. Alex

Customer: replied 1 year ago.
I didn't get a call. My number is ***** 532120
Expert:  Ash replied 1 year ago.

Sorry I posted that to the wrong question!

Customer: replied 1 year ago.
13/06/2016 01:23
OK, so what do I need to do to get some advise on the recent developments?
Thanks - Patrick

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