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Under the old rules of the Tenancy Deposit Scheme you had 6 months from the end of the tenancy to get your disputes referred to the scheme. From 6 April 2011 the time frame is reduced to 3 months from the end of the tenancy, although this is only applicable to new tenancies from that date onwards, it doesn't apply to renewals or extensions of tenancies. The 6 month rule still applies to existing tenancies.
What this will mean is that landlords will have to make sure they collate all their information as soon as possible, 3 months may seem like quite a long time, but if you are waiting for tradesmen to do repairs, time can pass quite quickly.
The best approach is to get into the property as soon as possible, decide what evidence you need, ie quotes and/or invoices and get these actioned as soon as you can. If it is not possible for the repairs to be carried out and invoiced within 3 months, get a detailed quote instead.
Once you have got your information together make sure you then send it to the TDS promptly.
Rebecca Brough is a Solicitor at Fidler and Pepper who deals with Residential Landlords on a daily basis. Rebecca offers landlords requiring legal help a Free initial consultation. Free property management software, Free tenancy agreements
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5 comments:
Landlords and agents lose money in 90% of deposit claims. If you need help putting together your claim, visit www.adrsolution.co.uk
We help landlords claim protected deposits.
I belong to mydeposits.co.uk which makes life a lot simpler although it is £30 a go to protect a tenancy.
BUT us landlords can't win. They have now said each contract has to be protected rather than the tenants' protection just continuing through subsequent ASTs. This a racket and I don't think mydeposits should be allowed to do this. Is there any way of fighting it?
J. R-B Southampton landlord
I agree this seems very unfair. Unfortunately there are only 3 approved deposit protection schemes. Perhaps the government should look at increasing the numbers of providers and the competition which would drive down the cost and give landlord more choice.
Rather than increase the number of providers the scheme should be scrapped. There are far more dishonest tenants than landlords and in any case the cynic in me says the scheme is nothing to do with protecting tenant deoposits rather for HMRC to check on landlords.
We use DepositionProtection.com and cant say I have had any problems with return of deposits even when the Tenant left owing rent, taking goods belonging to us and leaving the house in a tip. If the Tenant does not reply to the scheme, the deposit is returned to the Landlord.
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