Q&As

A deposit was put in a tenancy deposit scheme (TDS) by a landlord’s agent. The landlord then changed agents without informing the TDS. At the end of the tenancy, the landlord raised a deposit dispute for disrepair with the original agent, but the original agent did not inform the TDS of the dispute and returned the full deposit to the tenant. Does the landlord have a claim against the original agent or the tenant in respect of the cost of rectifying the disrepair?

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Published on LexisPSL on 07/06/2018

The following Property Disputes Q&A provides comprehensive and up to date legal information covering:

  • A deposit was put in a tenancy deposit scheme (TDS) by a landlord’s agent. The landlord then changed agents without informing the TDS. At the end of the tenancy, the landlord raised a deposit dispute for disrepair with the original agent, but the original agent did not inform the TDS of the dispute and returned the full deposit to the tenant. Does the landlord have a claim against the original agent or the tenant in respect of the cost of rectifying the disrepair?

Since 6 April 2007, a landlord must comply with the initial requirements of the tenancy deposit scheme (TDS) within 30 days of receipt of a deposit in respect of an assured shorthold tenancy (AST). The requirements are to provide the tenant and any relevant person (meaning someone who pays the deposit on the tenant's behalf) certain prescribed information about the TDS, the deposit and the AST. Failure to do so will prevent the landlord from serving a valid notice pursuant to section 21 of the Housing Act 1988 to determine the AST, and the landlord may be liable for the payment of a fine equivalent to up to three times the value of the deposit.

There are two types of TDS: insurance and custodial schemes. Under an insurance-based scheme, the tenant pays the deposit to the landlord, who retains it and pays a premium and administration fee to the scheme administrator. The lan

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