Unfair deductions from deposit; TDS lost my docs. too!

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    Unfair deductions from deposit; TDS lost my docs. too!

    Hi,

    Ill try give as much info as i can and hopefully someone is able to tell me where i stand or give me some help as to how i go about the situation.

    I moved into a rented property on July 8th 2008 on a 6 month tenancy. I Paid my deposit of £625 and my first months rent aswell as admin fees etc. The money for rent was setup on standing order so it always came out.

    The tenancy was due to end on the 8th January 2009. Although just before xmas we got a letter stating we can stay on for a further 6 months and that we would need to sign the agreement etc and send it back with the money for admin fees.

    We did not send this back straight away and sort of proved correct not to as just after Xmas we got a guy come round from the letting agents handing me and my partner seperate letters stating that the landlord requires us to move out and is basically giving us 2 months notice.

    Now, my partner rang countrywide and asked about giving 1 months notice due to our money situation and having to find a big lump sum for another deposit and months rent. They said yes that is fine just write a letter stating this and send it to us. So we did this.

    As our tenancy ended on the 8th January, there was obviously no agreement in place as it had finished but we paid a further months rent as i understand it becomes periodic and works on a month to month basis just like the notice will, so us giving a months notice after our tenancy has expired is fine right?

    Well anyway we moved out on the 6/7th February and cleaned the whole house and left it in the condition that we got it in bar marks on the lounge carpet. We knew we would have to cover the cost of cleaning this once the agent done the checkout and had no issues with this.

    We the other day got a letter from the agents stating that they will be deducting £40 from our deposit plus admin fee of £11.50 which is fine. But this is where the problems start, they are also saying that we owe approx £320 in outstanding rent. Given this we will only be getting £220ish back from our £625 deposit.

    Now my question is, how can we owe £320 in outstanding rent when our agreement finished and we paid up untill we moved out? Ill tell you the agents take on it, they are saying that because we left before the 2 months notice they served us, we are liable to pay this outstanding rent? and it works out at approx £320 because a new tenant was in the property are the 27th February.

    Correct me if i am wrong, but i am right in what i am saying in terms of a periodic agreement and that you only need to give a months notice? We have followed these rules and done this but guess what ??

    The agent claims not to of recieved our notice and says that we are still liable. I said thats a load of rubbish as they rang us asking when we wanted to do the checkout date etc so they knew what was going on.

    They have asked me to send a copy of the notice we give along with a letter stating that we do not agree with the deductions and stuff? Now surely if i send a copy in they cannot tell me it is wrong? if so then they have the first one.

    Also i have a letter from them saying that under the terms of your tenancy agreement, it is not permissible to utilise the deposit monies for the purpose of rent. Says it there dont it ? They cant do it and they are wrong.

    Also they knew we were moving out as our new agent had to get a reference for us? so how can countrywide claim not to know when they gave a reference to a new agent for us.

    If i send notice in and i am correct about periodic agreements etc then they should give us all our money back bar the cleaning costs?

    Is anyone able to help me out, im not sure on many of the correct things or how to go about it now?

    Thanks for taking the time to read

    #2
    Is your deposit protested with a deposit protection scheme?

    Comment


      #3
      Its protected by the TDS, yes

      Comment


        #4
        When your deposit was protected you should also have had the correct written notification. It should say in there what the deposit can be used for.

        The letter's meaning may be that you cannot say to them "pay the last months rent out of the deposit", but if you default they may be entitled to hold rent out of your deposit even so.

        Have you made a copy of your notice letter and logged when you posted it? Get all your facts straight in case you need to make a claim.

        If you cannot agree the deposit amount to be returned, then some sort of dispute service should kick in. You need to hold firm and show that you know your facts.

        Once your tenancy is periodic, you need only give one months notice but it must expire on the day before the next month starts. So you needed to give them written notice to arrive at their office on 7th January at the very latest. Did you?
        All posts in good faith, but do not rely on them

        * * * * * ** * * * * * * * * * * * *

        You can search the forums here:

        Comment


          #5
          i didnt get any written notificiation on what it can be used for, all i got was a certificate of tenancy registration.

          we have a copy of our notice, but i dont see what this is going to do for them if i give them another copy now, because they cant exactly say this is not the same because if thats the case then they would of had the first notice letter? correct?

          we give notice, although im not sure on what date, ill need to check the letter, but i am pretty sure it was all correct and within the required dates.

          Comment


            #6
            They may need a copy of the notice for their records, so why not just give them what they want

            They should have given you a "section 213" notice about your deposit
            I just pulled this article of the internet to explain:

            http://www.articlealley.com/article_724334_33.html

            If they didn't then you have a hold over them. They should have got you to sign a receipt that they had given it to you to prove they have.
            All posts in good faith, but do not rely on them

            * * * * * ** * * * * * * * * * * * *

            You can search the forums here:

            Comment


              #7
              Originally posted by Bel View Post
              They may need a copy of the notice for their records, so why not just give them what they want

              They should have given you a "section 213" notice about your deposit
              I just pulled this article of the internet to explain:

              http://www.articlealley.com/article_724334_33.html

              If they didn't then you have a hold over them. They should have got you to sign a receipt that they had given it to you to prove they have.
              what exactly is or does the section 213 have on it?

              all i have from them regarding my deposit is a certificate of tenancy registration.

              Also is anyone able to advise on my next steps? should i write them a letter along with a copy of my notice? if so what exactly should i say? do i mention section 213 and other stuff ?

              Comment


                #8
                TDS lost my documents

                I lived in a property back december last year when i moved out and the landlord wanted to keep my deposit, not all of it but most of it because they claim it was unpaid rent charges.

                Anyway i sent off all the relevant forms and paper work to the TDS (signed for) and it got delivered and i have the electronic proof of this, but week after week i heard nothing and it turned out they lost the documents, i rang up and they said time after time they cannot do nothing and i need to resend the documents, now how can i possibly do this without any? i sent them all?

                They emailed me today and said if i dont respond within 30 days they will close the dispute and issue the money to the landlord ***? Its not my fault they lost them, i followed all the correct steps and have my proof, surely i can do something?

                Comment


                  #9
                  Are you saying you sent all original documents and you don't have a copy of anything you sent to them?
                  If so, then you do have a problem, and I'm not sure how you go about resolving this.
                  Someone I know once had a similar problem with the DPS and documents being delivered and lost in the system, and he lost his case as a result.

                  Have you sent them a copy of the receipt showing that the documents arrived with them and as you don't have other copies, then its up to them to find what.

                  You will need to find out how to make a complaint with the particular scheme.

                  Comment


                    #10
                    Originally posted by havensRus View Post
                    Are you saying you sent all original documents and you don't have a copy of anything you sent to them?
                    If so, then you do have a problem, and I'm not sure how you go about resolving this.
                    Someone I know once had a similar problem with the DPS and documents being delivered and lost in the system, and he lost his case as a result.

                    Have you sent them a copy of the receipt showing that the documents arrived with them and as you don't have other copies, then its up to them to find what.

                    You will need to find out how to make a complaint with the particular scheme.
                    Yes i sent all originals which was silly i know, but at the time it was my first experience of this but if this ever arises again i know ill be sending copys. I have emailed them a receipt of the postage cost, time and date of when i sent the documents but nothing seems to of come back from this.

                    Comment


                      #11
                      Call them and find out how you make a formal complaint about the process. And follow through. Write to your MP and let him/her know how their busybody regulation is working, and if push comes to shove, take it to Watchdog..... I don't know if there's an ombudsman service for the deposit schemes ... anyone know?

                      As far as I can tell, they are at fault here, but just like the housing benefit offices at the councils, they'll probably never admit they are at fault until pushed against the wall!!

                      Not very helpful, unfortunately. But without the original documents or copies, you are stuck.

                      Comment


                        #12
                        What have you sent them exactly? Post up details of what the actual docs were and we can try and give you pointers as to how to reconstruct them or perhaps get the info somewhere else.

                        Comment


                          #13
                          from what i can remember, i sent them the tenancy documents, the relevant information regarding what deposit is being returned, kept and so on, any correspondence from the agent regarding this, letters about our notice and letters which we sent to the agent

                          Comment


                            #14
                            Originally posted by JoeF2k2 View Post
                            I lived in a property back december last year when i moved out and the landlord wanted to keep my deposit, not all of it but most of it because they claim it was unpaid rent charges.
                            Why is LL claiming this?

                            If LL is claiming arrears, then surely you can get copy bank statements showing your rental payments.

                            If LL is claiming you gave incorrect notice, then it's possible you do owe additional rent. 1) What was the term of the tenancy agreement (i.e. [start date] to [end date]), 2) what date did you give notice, 3) what date did the notice expire? (i.e. the date you said you would be moving out).

                            Comment


                              #15
                              It was a 6month tenancy from July 8th 2008 and we got a letter hand delivered to us approx 30/31st December 2008 serving us 2 months notice, our tenancy was due to end on 8th January.

                              But seen as we had 2 months notice served to us so late, we ended up staying there till the 7th February but paid a further months rent on the 8th January so imo we did the correct thing. My partner asked them if it was okay to give one months notice and they said this was fine and put it in writing, we did this and sent it.

                              We then got a letter from the agents stating that they will be deducting £40 from our deposit plus admin fee of £11.50 which is fine. But this is where the problems start, they are also saying that we owe approx £320 in outstanding rent. Given this we will only be getting £220ish back from our £625 deposit.

                              how can we owe £320 in outstanding rent when our agreement finished and we paid up untill we moved out? the agents take on it was, they are saying that because we left before the 2 months notice they served us, we are liable to pay this outstanding rent? and it works out at approx £320 because a new tenant was in the property are the 27th February.

                              If we are served 2 months notice surely we don't have to stay there for that term or do we?

                              Comment

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