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channist

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  1. I am in a similar situation that natalie found herself in. My tenancy came to an end as the landlord was moving back to the UK and wanted to move back into their property. They gave notice so I have no issue with this. However, when the LA started to send me emails indicating LL deductions I queried them and said I was not happy. Ignoring my queries the LA paid back my deposit less the deductions. I was getting no where with emails to the LA about the deductions, one listed as w/rubber for £175, until I mentioned that they left me no choice but to approach the tenancy deposit scheme TDS listed in the contract. Rather belatedly I also looked at how these schemes are meant to work. The interesting part being about no money being returned until I had agreed. This coupled with the fact the LA replied almost immediately made me suspicious. I had none of the deposit IDs I was meant to have and having contacted the scheme they have no record of my deposit ever having being placed with them. I contacted the other TDSs and they have now also replied indicating that for my details they have no records. The 3*fine is meant to act as a deterrent to LAs/LLs so that they place the deposit correctly into a TDS. I strongly suspect that some bad LAs/LLs are avoiding using schemes hoping they can get through the contract without the tenant realizing and only acting when court action is taken. I have read cases on other blogs where the judge finds in favour of the LAs if the deposit is secured before the court date. However, I feel that this misses the point. The fine is to encourage compliance so should be made in all cases where compliance has not been met. Anyhow, onto my query, as indicated by planner http://www.hmcourts-service.gov.uk/docs/infoabout/housing/section-214-application.doc indicates that form N208 should be used to make a claim but the original thread owner Jeny269 and natalie said they used the online service moneyclaim. Natalie or Jeny269 did you have any problems with your case as it was submitted via money claim and what is the general consensus about which approach should be used?
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