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  1. Hey Stuza could be a settlement discussion my landlords agent settled with me on Friday although I am still awaiting the documentation.
  2. Hey Stuza the agent may not be mentioned anywhere in the docs BUT they could still be the "member" it depends who the TDS face off to and who pays there membership fee is it the agent or the landlord?
  3. Hey Esio, In my case and Stuza's the fact that it doesnt say 14 days is not important as the TDS stipulate in there rules that is should be done within 14 days by the "member" so this is covered by the line "in accordance with the scheme" HOWEVER the "member" 9/10 times is the agent and not the landlord so this is why I would take both the agent and landlord with you to court and let the judge decide who is responsible. From a purely "will i get my money" point of view the best result would be if the agent was held responsible as they are of fixed address and have a bigger business but it my case like Stuzas the agent have actually been very good the landlord has been a nightmare.
  4. Hi MrShed I agree I have no contract with the Agent BUT the housing act says that Landlord can mean agent in the act so even although the landlord is supposed to handle the deposit the agent could be responsible.
  5. Be careful Stuza I know the lawyers know there job etc but when you look at the housing act it really does have the landlord and agent on equal standing. Just be aware of it. I am in the same boat as you would REALLY like to have the landlord accountable for this as he has been an absolute nightmare including screaming at me down the phone for "hounding him" granted I sent him an email every day asking if he intended paying the judgement against him (this was before he had requested that the judement be set aside) but this is my right to persue someone for money they owe me. Anyway back to my point just be careful because if they can sidetrack the case in front of the judge to be an argument over who is accountable the fact that one of them hasnt done what they should have could escape the judge. However if they want to concentrate on pointing at one another while you tell the judge what whoever the choses should have done this could work out well.
  6. Yeah your letter does help a load Stuza. Thank you. I got the TDS G clauses today from the TDS would you like for me to sent them over to you? they are certainly an interesting read. If you drop me a PM with your email address I can send them on.
  7. Exact same! My landlord is the one on the cerficate BUT the address that the cert is for says 110 Loki 117 street when I actually stayed in 62 Loki117 st! I am not going to use that as any form of defence but I shall be showing the judge it as an example of there lack of attention to detail or there complaceny in dealing with TDS complience. Thanks Stuzza your information is much appreciated. One point though the section you refer to 14.2 only refers to the TDS G clauses it doesnt actually give them they are only avalible to members of the TDS. You can find out from Appendix 4 what "prescribed information" should be shown BUT the TDS are specific in saying it should be included via there supplied clauses. I've asked them for a copy for a court case but looking at the tenancy agreement which my new agency has given me there 2 pages 12 clauses 3 disclaimers and a section requiring that the landlord and tenant sign or at least that the tenant is given the option to sign! Another point is "Information supplied to the landlord as a document should be passed on to the tenant" I dont know about you but I received no such document again the TDS say this should be distributed as it is part of the prescribed information. I have one concern though if you look through the TDS member rules it refers to 14.2.3 as the required initial requirements which must be provided to the tenant within 14 days. 14.2.3 doesnt exist! This could be a large issue! Have a read its in point 8.2
  8. Hey Esio I fully agree this sort of sparring is really good for before a court case I think as you get the opposite side of every argument without losing the case. We should see both sides of this so to put my point across. 3) Relivent person could indeed be you as it is someone who gave the tenant the deposit as they are saying you are no longer the tenant for the purpose of that sentence at least you are most certainly the person who gave the tenant the deposit (yourself) :o) They may be able to argue that you arent "The Tenant" anymore but thay can't argue that you werent the supplier of the deposit "relevant person” means any person who, in accordance with arrangements made with the tenant, paid the deposit on behalf of the tenant Well you paid the deposit on behalf of yourself if they refuse to accept you are the tenant in the arrangement then you are the person who gave the money to the tenant.
  9. Mr Shed i'm not sure if you have seen my case its awaiting a court date. My deposit was secured and I was given a cert but when it came to disputing the deposit the TDS pointed out there where no clauses as they required in my AST and that they hadnt given me the prescribed information. Do you think this is a case that could be won under the initial requirements section?
  10. I have seen a bit of a counter argement to this "tenant" after the tenancy has ended millark. 1) If you are no longer a Tenant of the landlord then you are no longer liable for any deductions from your deposit as of the minute you leave the property. Most AST's say the tenants obligations ... you are no longer a tenant. 2) If you have moved to another rental property even with a different landlord .... you are still a tenant right? If he wants to say nowhere in the Housing act does it say that you should be paid after tenancy then nowhere does it have to say you need to be a current tenent of the defendent ... you could be a tenant of somewhere else no? 3) Also 214(1) Says "Any relivent person" as an ex tenant you are THE relevent person! There where so many holes in the judges decision he should have been struck off or whatever it is you do to judges!
  11. Hi Stuzza, How are you getting on with the court action? I almost have the exact same case with the exception of they did secure my deposit before the 14 days bit didnt give the clauses as required in the tenancy agreement. I have put my case to court and the landlord is defending that it was the agents job to do it and that he had paid them to do it. I am going to put my case forward for Legal agent and the landlord as being ultimatly responsible! We shall see how it goes but I would be very interested to hear how you get on. By the way I have contacted the TDS and asked for the clauses that should have been there. If I get them I can pass them on if you wish? Also I have asked the TDS for a letter saying that the landlords agent didnt comply with there initial requirements and prescribed information which they where happy to supply. It adds weight behind your case to have a look. Lastly have a look at this Communities. gov. uk it seems to say the LL is responsible for persuing the agent but I have been told that these are only guidelines so perhaps treat with a pinch of salt. I have asked them to tell me how they came to this conclusion and I am now awaiting a response.
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