I read a news report recently which said that about 97% of all landlords holding deposits have not yet joined one of the government authorised tenancy deposit schemes. Although one reason for this surprisingly high figure may be that many landlords have not needed to join a scheme yet, it is still disgraceful. So I have decided to do something about it!
I have therefore drafted up two county court claim forms (one for tenants who paid deposits after 6 April 2007 and one for tenants who paid the deposit earlier and whose tenancy was renewed after 6 April 2007) and a set of instructions, to enable tenants to reclaim their damage deposit and the ‘fine’ of three times the damage deposit figure, and these are being given away free of charge to annual members of my online service at www.landlordlaw.co.uk.
I did consider adding this to my list of online kits. However I charge extra for these as they are very detailed and include telephone advice. The tenancy deposit claim is fairly straightforward (4 pages of instructions as opposed to about 30) and I know that many tenants will not be able to afford my subscription fee and an extra fee for a kit. I am afraid I do want the subscription fee though (I have to earn a living somehow)! Also if the tenants are members, this will allow them to ask questions in the members discussion forum, which will serve instead of the telephone advice.
Hopefully my landlords will not be too annoyed about this and think I have betrayed them! But my site is for both landlords and tenants, and I have to keep tenants interests in mind too. All my landlord members should be already complying with the scheme anyway, and if they are dong it, why should other landlords get away with flouting the law?
I would be interested in any feedback from tenants using the forms to bring a claim.
[Subsequent note 11/2009 – the TDPS claim forms have now been incorporated into my Kit 2. The courts have also since indicated that claims should be made using the Part 8 procedure.]