Good luck!

Thats fantastic news DWP! It must be great to get some sense of closure over the whole matter!

I understand you are trying to help, why did you not say that in the first place, simples. Thank you

Um. I did.

You are the one confusing the issue as I clearly stated that the agreement started in August 2007.

 

Which means that my daughter can make a claim yes?

I'm the one confusing things?

Just trying to help!

You're the one that has been told

1) By me "TDS came into being April 2007, so your daughters bond should be covered by one of the TDS's...."

2) By DWP "The original tenancy was created after April 2007 so it does apply."

And then you say "This becomes even more confusing. Either my daughter has a claim against her agent/LL or she does not."

Why are you confused after that?! I was just trying to clear it up for your easily confused self!

 

 

So I think I have a case to dispute his claims but what do I do? What is the process to follow, Also no property inventory was in place at the start of the tenancy so I cannot show what condition the property was in prior to me moving in.

 

Please help.

When was your tenancy agreement signed? When was it last renewed? ie did you renew it every year? where you in England or Wales and was your rent less than 25k pa?

Dont worry about not having anything to prove the state when you moved in, its up to the LL to prove that the condition at the start of the flat. If he cant, then he will have a hard time making deductions from your deposit.

Sounds to me like your LL is being completely unreasonable and given that you have your receipts, and the landlord has nothing to prove the state of the place when you moved in, he will find it difficult to convince anyone that you need to pay for the cleaning.

As for the interest on rent, he's just trying to scare you, the interest he can charge is only 8% per annum Which if you were late 21 days in total, = 21*0.08/365 * say £1000 in rent = a whopping £4.60.

This becomes even more confusing. Either my daughter has a claim against her agent/LL or she does not.

Either your tenancy was created before April 07 or after.

Before April 07 (and not renewed after Apr 07) = no claim

Before April 07 (and renewed after Apr 07) = Claim

After April 07 = Claim

Whats confusing?

TDS came into being April 2007, so your daughters bond should be covered by one of the TDS's....

Major result. Received a chq for the 3 times penalty and remaining bond in post today.

Crikey that was easy!

Well done!

How does that work?

According to the Act:

“tenancy deposit”, in relation to a shorthold tenancy, means any money intended to be held (by the landlord or otherwise) as security for—

(a) the performance of any obligations of the tenant, or

(b) the discharge of any liability of his, arising under or in connection with the tenancy.

Do you really think he could argue that this money is not intended for these reasons? You can call a spade some sort of digging utensil, but at the end of the day, a spade is a spade.

Thanks DWP!

Hi everyone,

 

This is my first post, so please be gentle with me.

 

My partner and I have been living in our current property for just short of 6 months and we have an AST, we will be leaving the property next week, purely because the landlord refuses to carry out essential maintenance to the house, and also because it is the end of our 6 month tenancy term.

 

That aside, he has not protected our deposit in any scheme, for which I have email confirmation from the 3 different schemes.

 

It was only when I contacted an advice service in regards to the repairs that I found out this was against the law, and that we have a right to claim against him. However, I was told that the chances of success arent as high as they should be, as landlord's can protect deposits in the time between being issued court notices, and an actual court date.

 

Being almost at the end of our tenancy, I feel that the coming weeks would be the appropriate time to claim, would anyone be able to advise on how I go about this, and what (if anything) I can do to help my chances of success in this type of case?

 

Thanks so much for taking the time to read this.

 

Amy (and family)

You need to firstly sent a Letter Before Action to the landlord stating that unless he protects or returns the deposit within 7 days you will start a court order requesting the same. And also mention that if the judge orders the protection or return of the deposit, he will also order a penalty of 3x the deposit in your favour. There are example letters on this site.

Then, if the Landlord protects or returns the deposit, you'll get your money back. If he doesnt, you need to lodge a claim for return of your deposit plus the 3x penaltly.

Kapish?

PS I presume your rent is less than £25k on an annual basis (or 12.5k on a 6 monthly basis)? And that you live in England or Wales?

Hi there, I need some advice on my TDS non-compliance case that is going through the courts and was hoping someone here can help me.

I have just received the allocation to fast track from the Judge and he has requested that I prepare the following:

1) The latest date for delivery of "the lists" is 10th September.

Any idea what 'the lists' are?

2) I need to submit a witness statement.

Whats included in this?

3) It says a 'simulataneous exchange' of Witness statments shall occur no later than xx

Does this mean we both just sent the other party the statement? (with a copy to court?).

Thanks in advance for your help!

My understanding is that if its not in the inventory, then the LL cant claim for it.

My advice is to go through the TDS proceedures and start the process to get your deposit back. They provide an arbitration service (which I am told favours tenants). Its not up to the LL to make decisions on what amounts they can and cant deduct. It's your money until you agree to hand it over, or until the court (or arbitration service) orders you to.

Is your deposit protected? Do you know if it should have been? ie rent

If you have got the deposit back in full, boubt you would have a claim, except maybe for the inerest, but probably not worth the hassle.

Agreed. And given that you lose, you may have to pay costs, probably not worth the hassle.

Check your contract to see who should pay the contract... mine says it should be the Landlord... usually you pay for either the check in or check out, but not both. And usually its the LL that does the check out. (its easier to get money off you when you check in!)

So call the deposit protection scheme your money is held with, and go through their proceedures... The money technically is with them... and you can dispute any deductions made through their arbitration service (which I understand is somewhat biased towards tenants - although this being a LL site, its no wonder people fell that way here!)

Was your rent less than 25k pa? Were you in England or wales? Then your deposit should have been protected.

See Tenancy Deposit : Directgov

Its not the LL's decision whether or not to return your deposit. There needs to be agreement or a court decision.

Was your deposit protected?

So have you actually confirmed with the TDS that your deposit is protected?

I am thinking of taking him to court for the damage caused to my car by his unfit for purpose driveway, so was going to include this in the claim.

 

was writing it to him, mainly to see if i can scare him into just paying up the deposit and the bill for my car.

Well good luck with that.

I guess you should discuss these things with the LL, but you wouldnt be going to court would you? Why would you not use the free arbitration service provided by the TDS where your deposit is held?

If your deposit is protected (which I think you said it was), shouldnt you be writing to the people that are holding your deposit (not the LL) ?

Hi DisgruntledTenant,

 

thanks for the reply. Could you please reply to the PM I sent you,

 

regarding the details of 6 TDS cases that you have. plz reply soon.

Did you not get my email?

 

Does he not have to submit separate claim for damages etc. if he wishes to ??? As this claim is for TDS non-compliance and it is submitted by me.

 

My understanding is that he cant, and I believe his counterclaim will actually strengthen your position. Remember its just another consequence you as a good tenant has had to go through as a result of him not abiding by his statutory requirements as a LL.

See Stankova v Glassonbury (2008) | Deposits | Case Law

Note the judge accepted the tenant’s argument that the award was a strict liability penalty, and that consequently there was no provision for counterclaim for outstanding rent arrears or other arguments about the return or retention of the deposit on the basis that a statutory scheme included arbitration for disputed about returning or retaining deposit monies.

In other words, why should a tenant have to pay for legal advice, spend time preparing etc when there is a perfectly good and free service provided by each of the TDS's and the only reason you cant use this free service is because the LL hasnt met his statutory obligations.

I would chase up the TDS and see where your money is. Not sure if its worthwhile going to court for the 3x as all the LL has to do is give you the info before trial and you lose (and could face costs).