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Landlord/Agency Didn't Register Deposit With Right Information Watch

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    Hey,

    So basically myself and three flatmates paid a £250 deposit each with an agency for a 4 bed flat. Now the time has came to move out they're charging us for ridiculous things. For example small marks in two isolated places they are charging to repaint a quarter of the flat (it's a really big flat and the marks are definitely not a quarters worth). We have our deposits registered under the Tenancy Deposit Scheme which is a semi relief, but having never dealt with TDS or any kind of deposit dispute and hearing all the stories about how other people got dwindled out of money by my agency I'm not confident. I think they painting charge have frustrated me the most as the maintenance already admitted to myself and my flatmate in person they're repainting the whole building anyway in the summer (it's a new build and the paint was awful quality with shrinkage cracks everywhere), but they refused to respond or dodged our questions about this during emails. I've already started to discuss the charges with the agency by asking for receipts, pictures etc and also arguing that the charges are disproportionate and not fair.

    But when I came to look for the deposit to make a dispute I couldn't find it on TDS. You have to write in your Deposit Amount, Surname, Tenancy Start Date & Tenancy Post Code. I used the information I had on my contract and all written documents provided to me but it didn't work. Then I tried googling my accommodation to see if I could find something to help, on the royal mail website I found a postcode for my street and tried that which worked. Then I rang up the TDS and asked for help with it, they mistakenly thought I wanted help finding my deposit info, but when I provided them with my information they couldn't find it. It turns out the agency had registered the deposit with the wrong building name too! My building is "part 2" of another building, now these two building have similar names but are in different locations and the postcodes are also different and it doesn't match what is on my contracts or documents at all. So they've provided the TDS with the wrong building name and postcode in effect.

    Also when I was on the phone with TDS, they were asking me if I had my "certificate", and at the time I had no clue what they were talking about. They managed to proceed without me having a certificate and gave me the info (which is how I found out the building name was wrong as I said above). After I got off the phone I looked up this certificate and found that it was basically information about my deposit showing me it has been registered etc. And on the Shelter England website it says that the landlord is required by law to give me a signed copy of this certificate which I never received. So they've in effect broken the law right?

    I'm trying to get an understanding of where I stand before I take any more actions or point this out to the agency. They've provided the wrong information to TDS & failed to give me the certificate they're meant to give me. I wanted to know what other people thought and get some advice on where I should too next?

    Thanks in advance for all your help!
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    Hi there,

    I'm having a similar problem. I checked out in August and now being charged for all sorts disproportionate amounts to reasons. Anyway cut a long story short, still waiting for our deposit and the info on the certificate is all wrong. Tenancy start and finish dates protecting date is more than 30 days after I paid the deposit and my address is my guarantors who lives in another part of the country! Also the amount they've protected is wrong. They're holding the deposit until we sent utility bill proof, it's in the contract but it's an unfair term as it contradicts the law. I want to dispute but they're threatening to find more things wrong with the property. Did you have any luck?
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    (Original post by Tam1234)
    Hi there,

    I'm having a similar problem. I checked out in August and now being charged for all sorts disproportionate amounts to reasons. Anyway cut a long story short, still waiting for our deposit and the info on the certificate is all wrong. Tenancy start and finish dates protecting date is more than 30 days after I paid the deposit and my address is my guarantors who lives in another part of the country! Also the amount they've protected is wrong. They're holding the deposit until we sent utility bill proof, it's in the contract but it's an unfair term as it contradicts the law. I want to dispute but they're threatening to find more things wrong with the property. Did you have any luck?
    Hey,

    This is such a late late reply (and sorry to mods or what not for bumping this but it seems important all students know this), but I spent over a month in communication with them sending emails getting nowhere. Then I finally began proceedings for court, and asked who I should name on the documents. I then had an apologetic email and to spare "Me" the costs of court I would be issued a full refund of my deposit. It was in my bank within the next few hours! So did my flatmate too, victory for students!

    I think because they know they broke the law they had no leg to stand on. So to anyone out there (not just students) check your deposit certificates because if your landlord tries to pull a fast one on you then this could be your saving card. They have to:

    - Give you your Tenancy deposit protection certificate by law
    - Register your deposit within 30 days of receiving it or your contract starting, whichever is soonest
    - Have all the information correct on the certificate (even the minor details)

    If they don't follow any of those terms then you could threaten them with court action and I would advise you to contact SHELTER for help like I did. Sadly I am having similar issues my new landlord. Registered my deposit months after I gave it to him, charged me rent when I was not allowed to move in (turned up day after my tenancy started and was told I could not move in as it was not finished) and now to top it off another tenant has a set of keys to my flat and let themselves in!
 
 
 
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