TDS decision - undisputed deposit not returned?

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    TDS decision - undisputed deposit not returned?

    Hello

    We recently had to use Tenancy Deposit Scheme when leaving our property, due to not agreeing to pay for "damages" that were already existing.

    We put the disputed amount as £150, which is what we were quoted on the phone by the LA but didn't agree with. The TDS form gives you a section for "agreed but not yet returned" which is where I put the rest of the deposit amount, £800.

    However the LA put their disputed amount as £950 which is the full deposit.

    TDS have awarded us only the £150 based on what we put as considered in dispute, and the remaining £800 has not yet been paid to us by either the LA or TDS. So I may have been naive in not just putting the full amount as disputed, but that form covered the exact situation of "agreed but not yet returned" or so I thought.

    I am very concerned that we won't be getting this £800 back now as TDS won't change their decision. I checked my bank and only the £150 had been paid.
    Hopefully I have interpreted this wrong but surely the £800 would have been paid at the same time as the £150?

    I cannot see the agency being cooperative as they have really taken the mickey with this £150 charge as it is, we were not on good terms, and they have been incredibly slow in dealing with this.

    Hopefully someone has been in a similar situation and can advise? I think Small Claims Court may be the way to go...

    TL;DR: won adjudication but only for "disputed" amount, LA/LL won't pay the "undisputed" amount

    #2
    You only contested /was awarded £150 of LLs claim, which has been repaid to you, £800 paid to LL GAME OVER

    Comment


      #3
      Only £150 was in dispute, it was me who started the claim based on what I thought we had agreed with LL, thinking I was going to be sent the undisputed amount.

      If you are familiar with the TDS form there is a specific section for deposit "agreed to be returned but not yet sent" which I put the £800 in, acknowledging that it wasn't contested because it was due to be returned. I thought just putting in a claim for full £950 would be disingenuous and wouldn't do us any favours with the adjudicators.

      Then the LA just decided to claim £950.

      The LL has no check in/check out or inventory so they could not award anything to them.

      Comment


        #4
        Get in touch with TDS.
        They have a help line for issues like this.

        It may be that you have made a mistake with the form, or that there has been a mistake by someone at TDS.
        But the first point of call is the organisation themselves.

        If it is an error, you can either ask the landlord for the money back and/or sue to recover it.
        All is not lost either 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

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