landord and tenant dispute....

[cluttermoney]

Hello all! what im looking for clarification on is can a deposit held with a deposit scheme be released whilst a tenancy is in progress? also,

 

In a court can a LL rely on a previous tenancy's inventory when the previous tenants were given their deposit back and no new inventory was signed upon entering the new contract?

 

John

West Mids

Edited June 10, 2009 by cluttermoney

[Steve__M]

A deposit can be released if landlord and tenant both agree - eg. if landlord decides not to hold a deposit and releases it to the tenant.

 

A LL can *use* any document he likes in court. Whether he can *rely* on it is up to the judge!

[Bincrunched]

Hi Cluttermoney,

If I were you I would contact the 'My deposits.co.uk' & speak to them as they tend to favour tenants! try to avoid the courts if poss!

The telephone no: 0208 275 3260.

Good luck:)

[cluttermoney]

Thanks for the info dont think they'll be of use as it's already in progress courts wise.

 

The LL is claiming £X's for damage to the property but using a previous inventory as evidence ( no inventory was signed on my tenancy) Im assuming the judge will not favour this, especially as I have documented evidence the previous tenant was given back their damage deposit at the end of the tenancy - the one which the associated inventory the LL is claiming against me?

 

Basically myself and expartner were in a joint tenancy, out tenancy ended we went our seperate ways, her deposit was paid back (documented) I started new tenancy and no inventory was signed, damaged are being claimed to property based on old inventory (which is signed and dated from the previous tenancy)

[Bincrunched]

Hey give them a call & get some info, What do you lose? Besides they would know more about the inventory proceedures than the courts! at least go in armed with knowledge, they do sympathise with tenants because they know that some LL's can be rats!

[cluttermoney]

You sound like you work for them

[Bincrunched]

No I don't work for them but Iv'e had dealings with them over tenancy disputes before, as my son was a student in rented digs. Some LL's just try it on to retain your'e deposit!

[Kraken1]

Whilst not as good as a new inventory, the check-out from the previous tenancy might hold some weight.

[csebogar]

Hi,

 

i need some professional advice, please.

 

I moved out of the property that I was renting from an agency, in January. The deposit was £1900, £1400 was claimed by the landlord but lost it as the case has been passed to TDS who sorted it. This part of the story is fine

 

 

 

Well the UNDISPUTED amount of the deposit (£500) still has NOT been been paid back by the agency!

 

I am willing to make a fromal complaint.

 

I need advise how to write it, who to write it to and some useful links.

 

Many thanks,

 

csebogar

Edited June 15, 2009 by csebogar

[Kraken1]

Just go back to TDS. Simple form. Job done.

[csebogar]

hi,

 

thanks for that.

 

I have already contacted TDS after they have refunded the DESPUTED sum, telling them about the outstanding amount of the deposit

and they said that I have to

sort this with the agency.

 

I will try again.

 

thanks

[Kraken1]

I don't think that this is the case - there is a dispute over the return of the deposit. Sounds like it falls under their remit to me.

[csebogar]

Good morning Kraken1,

 

well this is the reply I got from TDS regarding the Undisputed deposit:

 

"Dear Brigitta Cseh,

 

Thank you for contacting The Dispute Service.

 

TDS only get involved with the disputed amount of a deposit. Please contact your agent for the return of the undisputed amount.

 

 

Kind Regards,"

I have contacted my agent who said that he has asked for my bank details at the end of my tenancy (in January 2009) but I have never given them to him.

 

When I signed the tenancy agreement I have given them my bank details as the rent was being paid by standing order.

 

And even if I forgot to do so, he should have reminded me. Am I right?

 

Yesterday I gave tha agency my bank details and I got no repsonse back, "saying: Thank you very much, the money will be in your account in 2 days, etc....."

 

Are they really taking the p...?

 

Thanks

[Kraken1]

if they won't return it to you, it is disputed, surely?

 

Which TDS is it?

[csebogar]

Hi,

 

there is no question about if they return it or not. They have to.

 

the problem is WHY on earth do they need so long? I moved out in January.

They only had 10 days after i have moved out to pay me back the undisputed part of the deposit.

 

And there is still no answer from the agent, no transaction has been made despite I have emailed him my bank details (but they should have had it anyway)

 

I want to make a formal complaint but who to?

 

The agent who is "dealing" with my case is the manager of the Acton

Town branch of Dexters.

 

the TDS is: TDS -Home

 

Thanks