Agent took more than 10 days to notify us of deductions on TDS. Can we get comp?

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    Agent took more than 10 days to notify us of deductions on TDS. Can we get comp?

    Hope you can help - I have phoned TDS and it's not within their discretion.

    Our resi STL agreement states the deposit will be placed with the TDS within 14 days. They took 6 weeks in fact, but we've only just found that out.
    Now, at the end of the tenancy, the agent had 10 days to notify us of any deductions - they have taken 8 weeks despite us phoning and mailing them to ask.
    Is this enough to claim breech of contract? Is there compensation?

    The agent has now come back and has HAD THE WORK DONE. They have given us after the fact - some of which we would dispute but some we would pay.

    Conveniently, the deductions total a little more than the 1400 deposit, so they have offered to keep all the deposit and not ask for further payments.

    I'm ok on advice re the deductions and the TDS dispute process.... it's the procedural complaints I have against the agent I would really appreciate help on please?

    Many thanks

    #2
    You simply need to counterclaim against the length of time it took them to protect the deposit and provide the prescribed information to you (which is sounds like they didn't anyway). Could cost them £4200 plus costs if they lose.
    See other threads regarding deposit protection and penalties.
    I may be a housing professional but my views, thoughts, opinions, advice, criticisms or otherwise on this board are mine and are not representative of my company, colleagues, managers. I am here as an independent human being who simply wants to learn new stuff, share ideas and interact with like minded people.

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      #3
      You can claim breach of contract and, if you had suffered a loss as a consequence, you could sue them for that loss.
      If you think the agent has been negligent and, as a consequence, you have suffered a loss, you could sue them for the loss.
      I don't think you've experienced any loss at all, so I don't see how you can seek "compensation"

      If the agent is a member of a professional organisation, you could raise a formal complaint with that organisation.

      If the deposit wasn't protected with the TDS for 6 weeks from you giving it to them (or the landlord),
      they're in some trouble anyway, because you should not agree anything about the deductions and sue the landlord for non-compliance with the deposit legislation.
      That will (probably) result in the return of the deposit (and possibly some compensation) and the landlord and agent will have to try and recover the cost of damages from you some other way.
      When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
      Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

      Comment


        #4
        Forget about the 10 days, it's a nonsense not worth fighting.

        You have a clear case of them not protecting the deposit in time. Claim for that which you will win 100% of the value of the deposit back at the mnimum.
        Allow tenants to protect their own deposits. I want free money when they do it wrong

        Comment


          #5
          Even though you may successfully claim the deposit back because of their indiscretions does not mean the landlord cannot use the court to claim genuine costs from you, it's two separate issues, and could be expensive.
          I offer no guarantee that anything I say is correct. wysiwyg

          Comment


            #6
            May we see the clause in the tenancy agreement which says that any claim must be notified within 10 days?

            Comment


              #7
              If the OP raises a counter claim that might give the LA a chance to reassess their claim for the damages which at the moment stand at the deposit plus a little bit more.

              What if they just agree to the suggestion put by the agent, in full and final settlement with the LA, and then take action against the LL for the failure to protect the deposit and give the prescribed information, and go for return of the despot sum and any other payment that a court may award?

              It may be that the LA does not realise that they have made a mistake here, and left the LL exposed to a claim later, up to 6 years later?

              pm
              Before acting on forum advice, you may wish to consult an expert, someone who has all the relevant facts, and who accepts liability for their advice.

              Comment

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