TDS requiring court order

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    TDS requiring court order

    Hello all,

    As an amateur landlord, I have made quite a big mistake.

    I’ve let a house to a limited company and used an AST template from the Law Society, not realising that the document is not valid for use with companies.

    All was well until March this year when the company decided to stop paying and vacated the property, mid-way through their agreement.

    It gets worse, I secured their deposit with TDS Custodial at the start of the tenancy.

    TDS are saying I have to agree with the tenant the return of the deposit before they can release it. They will not engage in dispute resolution as AST’s aren’t valid with a Ltd. They have said if we don’t resolve our issues, a court order will be required to release the deposit.

    The tenant has requested all the deposit back, which clearly, I won’t agree too.

    Any advice on how I can otherwise resolve this mess.

    Thanking you all in advance.

    #2
    Apologies for possibly adding to pile of **** but most mortgages and landlord insurance policies don't permit this either.
    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

    Comment


      #3
      Originally posted by memkad View Post
      Any advice on how I can otherwise resolve this mess.
      You sue the company for the unpaid debt, win & get a court order including an order saying TDS should release the deposit to you, then provide a copy of the order to TDS.
      I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

      I do not answer questions through private messages which should be posted publicly on the forum.

      Comment


        #4
        If they vacated in March, isnt mid October a little late to be asking for help.

        I take it you have new tenants now.

        YOU made the mistake (which we all do) but you should just accept it, learn from it and move on.

        By all means offer them 50% of their deposit but if they arent happy I guess you could refund the full deposit or (just to be awkward) leave it sat with deposit company until tenant gets a court order.

        Life's too short. Learn a lesson and be better prepared in future.

        My views are my own - you may not agree with them. I tend say things as I see them and I don't do "political correctness". Just because we may not agree you can still buy me a pint lol

        Comment


          #5
          Originally posted by landlord-man View Post
          If they vacated in March, isnt mid October a little late to be asking for help.

          I take it you have new tenants now.

          YOU made the mistake (which we all do) but you should just accept it, learn from it and move on.

          By all means offer them 50% of their deposit but if they arent happy I guess you could refund the full deposit or (just to be awkward) leave it sat with deposit company until tenant gets a court order.

          Life's too short. Learn a lesson and be better prepared in future.
          There is no question that I made a mistake.

          I'm asking for help now as in the agreement we both signed it states I can act as an agent for the tenant and let the house or part of the house during the unexpired term to recoup unpaid rent, which I have been doing.

          Comment


            #6
            Where did you get this agreement? Doesn't sound like a typical AST.

            Done any training in landlord/tenant law please?
            I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

            Comment


              #7
              You're the superior landlord and agent for the mesne landlord / tenant? Yeah, that's not a disaster waiting to happen.... </sarcasm>
              I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

              I do not answer questions through private messages which should be posted publicly on the forum.

              Comment

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