deposit dispute and TDS

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    deposit dispute and TDS

    Hi all was wondering if you can help?

    We recently moved from one private rent to another with different letting agents.
    The old tenancy ended on 31st Dec but they tried to hold us till 16th Jan as their office was closed! We know they cant do that due to the housing act so returned the keys back on 31st dec.

    We gave them the 10 working days as stated by TDS to inform us of any claims against the deposit and have heard nothing so on 15th Jan we filled in a claim with TDS for our full deposit back and sent it off. (We dont want to sort it with LL and LA as we have had a few problems with them we dont want the hassle)
    But what happens now? As they have failed to comply with the timescales do they have any comeback on the deposit or will it now be returned to us?

    TIA

    #2
    I think you really know you were 'pulling a fast one' by requesting the deposit back while you knew the office was closed. Is it surprising that you have not received it?
    To save them chiming in, JPKeates, Theartfullodger, Boletus, Mindthegap, Macromia, Holy Cow & Ted.E.Bear think the opposite of me on almost every subject.

    Comment


      #3
      They werent actually closed till the 16th they only closed for a couple of days and were back in the office by 4th Jan, which still gave them 8 working days to sort out the property.

      Also we had a crossover with our moving dates so were not living in the property for the last 2 weeks just slowly moving stuff out and both the LA and LL used this as an opportunity to enter the property without giving notice or even informing us!

      Comment


        #4
        Their entering the property without your prior approval is a separate issue from the question of the non-return of your deposit. The first is regrettable and unprofessional, but if it was a one-off I don't think there is much point in throwing yourself about over it.

        I disagree with the poster above with respect to the agency being unable to return your deposit because they were closed. That's nonsense. I bet if your rent fell due on a day when they were closed, they would still charge you if you paid it in late. They should at least have a skeleton service (no jokes please Jeffrey!) over Christmas and New Year, to deal with things like this, or arrange for it to be done before they closed for a prolonged period. It takes seconds to release a deposit.

        It's just sloppy business practice.
        'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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          #5
          Thanks Mindthegap that was our response too!

          But as they have ignored the timescales can they still claim against the deposit or must they return it in full?

          Comment


            #6
            Originally posted by mind the gap View Post
            They should at least have a skeleton service (no jokes please Jeffrey!) over Christmas and New Year.
            Would I? Of corpse not.
            JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
            1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
            2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
            3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
            4. *- Contact info: click on my name (blue-highlight link).

            Comment


              #7
              Originally posted by jeffrey View Post
              Would I? Of corpse not.
              I read MTGs post and thought - go on Jeffrey! I got to the end of the thread and there it was

              Comment


                #8
                The tenant must be advised within 10 working days of the end of the tenancy if there is a proposed claim on the tenants deposit.
                Just what they will view as working if the agent was closed. If you dont class saterday as a working day there the 15th would have been the 10th day and I think that the TDS will take a dim view of you lodging a dispute.

                I would be very interestead in hearing the out come. I am also very intereasted in hearing about any other disputes especialy ones where the LL felt that if the LA or inventory had done something different the out come may have been different

                Comment


                  #9
                  advice on landlord keeping entire deposit

                  Can any one share experiences using DPS resolution service

                  landlord claiming entire deposit and landlord wishes to retain all of it (£500) in addition to costs incurred (£300) after tenant has moved out. Costs incurred due to tenant damage to fixtures & fittings, walls & floors etc during occupation. Deposit is with dps

                  Comment


                    #10
                    Originally posted by jackharding View Post
                    Can any one share experiences using DPS resolution service

                    landlord claiming entire deposit and landlord wishes to retain all of it (£500) in addition to costs incurred (£300) after tenant has moved out. Costs incurred due to tenant damage to fixtures & fittings, walls & floors etc during occupation. Deposit is with dps
                    Are you the landlord or the tenant? Was an inventory check-in carried out at the start of the tenancy?

                    Comment


                      #11
                      landlord.

                      flat was rented unfurnished. was brand new just refurbished, all new fixtures & fittings and newly painted and deocrated. inventory not carried out.

                      Comment


                        #12
                        Originally posted by jackharding View Post

                        Can any one share experiences using DPS resolution service

                        landlord claiming entire deposit and landlord wishes to retain all of it (£500) in addition to costs incurred (£300) after tenant has moved out. Costs incurred due to tenant damage to fixtures & fittings, walls & floors etc during occupation. Deposit is with dps
                        landlord.

                        flat was rented unfurnished. was brand new just refurbished, all new fixtures & fittings and newly painted and deocrated. inventory not carried out.
                        In order to win a claim for damage, you must provide evidence that the T caused the damage (as well as the costs incurred as a result - though in some cases one can claim a nominal compensatory sum for minor damage such as a scratch on a worksurface). Evidence of original condition is generally in the form of a check-in inventory carried out at the start of the tenancy - but perhaps the contractors who did the refurbishment could act as witness instead? If T disputes the damage and you have no evidence to support your claim, then it's likely to fail. Also remember that T is not liable for 'fair wear and tear'.

                        If you do have sufficient evidence, and want to claim more than the deposit (i.e. £800) then you would have to issue a county court claim against the T because you cannot claim more than the deposit amount via DPS adjudication.

                        Firstly, raise a dispute with the DPS so that they are aware of this and do not release the money to T. Also send the T a letter before action detailing the costs claimed, give a deadline to pay (say 2 weeks) failing which you will be forced to issue a claim in the county court. Assuming T doesn't pay and assuming you have T's residential address, issue a claim using Money Claim Online.

                        The DPS state that they require court orders to specifically refer to the DPS in order for them to pay out money.

                        Also note that the consensus on this forum is not to settle disputes via the schemes' adjudication services as they appear to be heavily biased in favour of tenants.

                        Comment

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