Tenancy Deposit Dispute - Order of deductions

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Tenancy Deposit Dispute - Order of deductions

    I recall reading something around Christmas that, when an adjudicator has a case where the amount claimed is greater than the deposit held, the adjudicator must make their award as ordered in the AST. i.e, if cleaning is number one on the list, this claim is awarded before rent arrears, assuming rent is number two on the list.
    I now have this very case, but I can't find the article I read. I recall this was written by TDS, but I'm not 100% sure.
    In my case the adjudicator simply awarded me 100% of deposit against rent as this was the easiest option. But in fact all my little claims should have come before this.

    Does anyone remember reading the same article, or know of another source for this information. or maybe I'm just imagining it...…..

    #2
    Found it, thinking of a name for my post gave me the perfect google search...….

    2.18 TDS can only make awards up to the amount of Deposit (or, where there are agreed deductions, the amount of Deposit that remains after the agreed deductions have been made). If the sum claimed is in excess of the Deposit (or the available balance of the Deposit after agreed deductions) the Adjudicator will deal with the different aspects of the claim in the order set out in the tenancy agreement, where one has been specified. This may simply be the order in which the tenancy agreement lists the purposes for which the Deposit may be used. The Adjudicator’s report will explain briefly the reasons for the award and show the amount awarded. If the Landlord wishes to pursue the Tenant for any money over and above the Deposit (or remaining balance after agreed deductions), they may need to seek independent advice about what action they could take, as TDS is unable to deal with such matters.

    https://www.rlaas.co.uk/depositguard...tes_2nd_Ed.pdf

    Comment


      #3
      I just found a later version in which it makes no mention of order of deductions, so now I am confused as I'm sure it was a recent publication I obtained from a bulletin.

      https://www.tenancydepositscheme.com...20Disputes.pdf

      Any thoughts or experience on this?

      Comment


        #4
        AFAIK no Scheme can repay more than the protected Deposit else they all would be soon insolvent. Both LL & T still have access to the Courts for any amount in excess of the Deposit.

        Comment


          #5
          Originally posted by mariner View Post
          AFAIK no Scheme can repay more than the protected Deposit else they all would be soon insolvent. Both LL & T still have access to the Courts for any amount in excess of the Deposit.
          I think you have misunderstood my question, we agree the adjudicator can only make awards up to the amount of the deposit.
          My question is the order in which the adjudicator must do that. e.g. Should they look at rent first or cleaning ?

          Comment


            #6
            Originally posted by michaelwgroves View Post
            My question is the order in which the adjudicator must do that. e.g. Should they look at rent first or cleaning ?
            Why do you think it matters?

            Comment

            Latest Activity

            Collapse

            • Reply to Renting rooms
              by Luke
              No, I have changed my mind , I will not be living abroad permanently , I will probably just go abroad for a few weeks at a time and reside at my UK property for the rest of the time...
              06-07-2022, 00:17 AM
            • Renting rooms
              by Luke
              I have a three bedroom property in the U.K which I will rent out .
              I have had an enquiry from a couple and a friend
              I do not intend to live at the property
              Would it be possible just to rent two rooms to them , on the understanding they have full access to the property ?
              As its...
              28-01-2022, 06:09 AM
            • Reply to Renters reform bill
              by DoricPixie
              You can thank the tenant with a dog I did let to in the past for now being reluctant to let to other people with dogs and probably cats too.

              The fact your income comes for 100% benefits isn’t a hard no though as long as you are able to pass affordability....
              05-07-2022, 23:15 PM
            • Renters reform bill
              by flyingfreehold
              i have just read an interesting summary of all that is proposed in the EG (Estates Gazette). As drafted it effectively brings back a form of rent control as tenants will have the right to go to First Tier Tribunal to challenge any rent increases which must be proposed by section 13 notices.
              ...
              04-07-2022, 16:29 PM
            • Reply to Renting rooms
              by DoricPixie
              You’re not though are you? You’re getting these people to rent the property because you’ll be living overseas. The property will cease to be your only if main home.

              Maybe you’ll get away with pretending these people are lodgers and these people will move out the property when you...
              05-07-2022, 23:09 PM
            • Reply to Renting rooms
              by Luke
              I do intend staying in the property permeantely though , although I may have to stay elsewhere sometimes...
              05-07-2022, 21:42 PM
            • Reply to Licensing inspection
              by royw
              Sounds like the power has gone to their heads Can't you, or rather the tenants, have some fun? Well placed boobie traps or a fierce dog perhaps?
              05-07-2022, 21:42 PM
            • Licensing inspection
              by Section20z
              Just had letter from London Borough of ****** saying they will be inspecting my house at some time in the next 28 days to ensure licence compliance. No further notice will be given and tenants are expected to grant access to all areas, windows to be left open for air supply, and doors all left open...
              05-07-2022, 13:57 PM
            • Reply to Renting rooms
              by ash72
              You would be creating an issue for yourself, you want to be able to evict a T (for whatever reason) which do not have the same rights as a T on an AST, the problem would be that you would have 2 T's who would have evidence etc, that you never lived there while they lived there...... When someone is...
              05-07-2022, 21:23 PM
            • Reply to Am I obliged to....
              by Sydaton
              It crosses my mind that if you install something that doesn't comply with regulations - eg a rope flush against the wall - then you might be more likely to be opening yourself up to a claim than if you'd left the stairs as they were when you bought the house....
              05-07-2022, 20:22 PM
            Working...
            X