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About tds_query

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  1. Mr Shed - I would agree - but the problem that can arise is if the LL realises and does try and make payment before the court hearing. If it actually gets to court and the LL has offered payment - its not really clear what the outcome should be. In my case. I think when it finally dawned of the LL/LA, the LL first tried repayment, then failing that managed to register the deposit with TDS (ie to show the money was covered by TDS) - it of course made no sense registering a deposit for a tenancy that had expired and I dug out the TDS rules of membership to show this was in breach of their regul
  2. Hi I actually won my claim in the end. The LL sollicitor agreed an our of court settlement for £2100 which I accepted. In my case I had left the property in better condition (with evidence) I was a bit put out by his ficticious claims which the agent came up with. In the end they only owed £68. For which they were adamant they were not going to pay. They changed their minds and attempted to pay after I had initiated legal action - which I then declined as it could be viewed as settlement for the claim. The relevent points were: 1) There is some ambiguity around what happens if the
  3. If the landlord has not completely refunded ALL the deposit money you are fine. He could owe 1p - wouldnt matter. The fact is some money is still outstanding And complete repayment of the deposit this would not be a guarenteed way for him to avert tds non compliance. I have heard of a judge making that call before (I think on these forums) - but equally a Judge could swing the other way.
  4. hmmm - was that full settlement of the deposit? If so, it may make the case more tricky. However, it may be worth proceeding still, you have legal right to go to court if the LL didnt protect the deposit or give you the prescribed information. From everything Ive heard about legal proceedings is they dont always go as expected, so there is nothing ever definite in all this - I am not a legal expert, but I've a pretty good understanding of TDS. Assuming you had a legal right to initiate court proceedings you could continue, even if its just to reclaim your court fees. You have nothing to l
  5. ps I have initiated CC proceedings against my LL for TDS non compliance, they tried the same trick. Not long before court now.
  6. dont accept full payment - under the Housing Act 2004 one of the stipulations if you prove your case, the LL must pay the Remainder of Deposit AND 3 x amount. The Judge could chose to say as the deposit has been paid - he cannot enforce repayment of the deposit. Since he has to do both conditions(re AND), or none. You could lose out. Since it has gone to CC state that you cannot accept any payment as this could now be deemed settlement of the case.
  7. Im taking my LL/Agent to court - doing the paperwork this weekend. I'm also going to include the AST contract (s)to prove the deposit was taken after the introduction of the scheme. So I would include your AST contract too. Good Luck.
  8. I have a query is a little complicated: My case, tenancy started 2005, renewed annually through 12 month AST contracts. The last fixed term contract for 2008 states the deposit would be secured in the TDS scheme. We moved to a periodic in early 2009, and now moved. HOWEVER - I didnt notice the tenancy start date for the 2008 contract was dated 2007 - and prior to the legislation. The other dates in the contract, for rent increase, and creation date are all in 2008. Is this case applicable to the 3x deposit?
  9. I received an inventory from them - my view was it was a bit lax/non descriptive - and from a prior experience losing about £1000 on a deposit - made a video of the property this time. Hence - I could always refer to that (this is because what I consider fair condition - to someone else may be poor condition - or vice-versa). I offered to show my tapes to the agency - but they were not interested. I accepted the discolouration to the vinyl was due to us, altho didnt agree it necessitated it being replaced. I volunteered the evidence of the original state (a cut in the vinyl about a foot long).
  10. Just looking at my last bit of detail. Should add there is still a dispute over the remainder. I should also add, we've raised issues on the property over the years, not many were resolved. The rear of the garden of the property originally was overgrown with weeds, when we cleaned it, turned out there was an old tire, pieces of twisted metal, broken glass and rubble. Not very safe for the kids. We cleared it all. It also took a week from when we rented to clean and redecorate the property. The deposit at the end, was witheld for cobwebs, toilet cleaning and the vinyl - however, the c
  11. The renewed 2008 AST does indeed have the signature from the agency and signed by the landlord. Statement of deposit being required, and TDS scheme it would be registered under. the deposit has mostly been repaid, although its taken 2 months - originally he witheld it all for cobwebs, toilet cleaning and a relatively small patch of discolouration on the kitchen vinly floor. It took 6 weeks before the first payment of £790 was paid back, another £60 came last week following my TDS query, leaving around £70. My problem with them is the stress and hassle: I'll make whatever deductions I
  12. Help Please I have a case that I intend to take to court. Base details are as follows. Tenancy Started in 2005, typically we have 12 month AST renewals since then. We went on a periodic early 2009 and have since moved, there is a dispute over the deposit which the Agency has ultimately invited me to take him to court for the remainder. I had to ensure I had reasonably attempted every other avenue for claiming back the money before small claims. It was then I discovered in the 2008 AST contract it stated a desposit was required and this would be registered with TDS. Investigated
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