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pob09

TDS X tenant in need of advice

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I'm new to this so apologies in advance if this is an old question. I've looked through previous threads and can't find anything.

 

My tenancy was with a landlord through an agent. It was originally a 12 months lease but due to endless problems with the property I was released (in writting) after 6 months. When I tried to get my deposit back there were lots of excuses that went on for weeks and eventually I was told more than half of it was being kept for damages. I couldn't get anywhere with either the L or A so went through TDS sending all relevant information. I was told that the landlord was in breach as none of the relevant TDS clauses appeared on the tenancy agreement and they advised me take LL/A to court. I am in the process of doing that but wondered if anyone else has got any experience with this? All the other threads deal with deposits not being place into the relevant schemes not missing clauses from the TA.

 

Thanks for your help

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I think the missing clauses are irrelvant... all deposits (that meet the criteria for the TDS's) must be protected, whether the tenancy agreement states so or not.

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I think OP says that deposit was protected? Is that the case?


Kentish Lass

Information given is based on my knowledge and experience and is not to be considered as legal advice

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The TDS have said the clauses relating to the scheme must be in the tenancy agreement and this forms part of there 'initial requirements' (HA 2004 214 (1) a) to be protected within the scheme. The TDS rules for membership state under provision of informtion ' the information should be included in the tenancy agreement as specifi in TDS clause G'. The TDS sent me a copy of clause G (see attached) and as my TA has no mention of the scheme or the clauses added they say the LL/A are in breach and therefore my deposit is not protected. They had to close the case and said I should take legal action if I want my deposit back.

TDSN0905369.pdf

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Ah, now I understand.

 

Your next step is to write to the Landlord, and the Agent, telling them that unless you receive your deposit in full within 7 days, you will sue them for the deposit + 3xdeposit penalty for non-compliance with the deposit protection legislation.

 

Do 2 copies of each letter, post the first copies from one post office and obtain a proof of posting (free) then post the 2nd copies from a different post office the next day, again getting proof of posting. If they try and claim not to have received the letter, a judge is unlikely to believe that 2 letters posted on different days from different post offices went astray!!

 

What the TDS has told you means you have absolute proof that the deposit was not protected - but it also means that they cannot protect it at the last minute because of the lack of correct wording in the agreement.

 

Was a proper checkin inventory, which you signed, done at the beginning of the tenancy? If not, they will be unable to prove damage anyway.

 

Do not get into arguments etc. Do everything in writing.


Kentish Lass

Information given is based on my knowledge and experience and is not to be considered as legal advice

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If you look at this thread - Disgruntled Tenant has produced a brilliant letter before action for this

http://www.consumeractiongroup.co.uk/forum/residential-commercial-lettings/212785-landlord-refusing-give-deposit.html

 

I hope D T doesn't mind me pointing you in that direction.:-D


Kentish Lass

Information given is based on my knowledge and experience and is not to be considered as legal advice

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There's a letter I used here that may be of use.

Sounds like you have a pretty good case...

http://www.consumeractiongroup.co.uk/forum/residential-commercial-lettings/212785-landlord-refusing-give-deposit.html

 

Snap:wink:


Kentish Lass

Information given is based on my knowledge and experience and is not to be considered as legal advice

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Thank you all so much for your advice, but it's a bit further on than that. I've done the letters before action and started court proceedings. The LL/A have got a solicitor and although originally I'd gone down the small claims route their solicitor wants to move it to multi-track and has stated on the allocations questionnaire that his cost will be between £3-4K. We've been asked to attend a directions hearing on 27th August. After reading other threads I realise that it will almost definitely go to multi-track which means if I loose I will be liable for their court costs. Has anyone successfully won a case where the TA has missing clauses? If not how good are my chances?

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Bump

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I was wondering if anyone could help me. I've now had a directions hearing and if I continue with this case I will definitely need legal help. Could anyone point me in the right direction of a solicitor who specialises in these types of cases.

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I am not a lawyer and think you need specific advice here. Try posting on landlordzone, there are some very experienced legal seagulls there who may be able to assist.

 

You could also have a chat with CAB who may be able to give you advice.

 

By the way, what happened at the directions hearing?

 

And don't be intimidated by the LL's lawyer. Judges don't always appreciate LL's all "lawyered" up to beat up a little tenant!


Kentish Lass

Information given is based on my knowledge and experience and is not to be considered as legal advice

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How much is the total amount claimed? If it is under 5k then there is no reason and probably no precedent for the case to be multi tracked, for what reason are they saying that they want it multi-tracked?


Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Judge and LL/A solicitor decided between them that it should be Part 8 and therefore has to be fast track.

This is going to be a bit longwinded but there are a couple of other issues here; as there was a severe damp problem at the rental property, that I later found out the landlord already knew about before I moved in and the boiler broke and leaked while I was there which meant no heating and hot water for a couple of weeks, also no safety certificate given for the boiler when I moved in or after new boiler fitted. The plumber couldn’t even prove that he was registered to fit the boiler. The kitchen floor warped due to the water damage and nearly pushed the back door out which the A rectified by ripping up half the floor. There was live electrical wiring, at child height, left hanging out of the wall. (I have photographic evidence of all of this) Apart from replacing the boiler no other repairs were done. Even half the boiler was left all over the kitchen in the property. My kids were sick from the damp and the LL/A wouldn’t do anything to carry out repairs or even enter into discussions about the damp. In desperation I stopped paying my rent for the last 2 months I was in the property. I gave the LL/A notice before my rent was due both months saying unless they sorted out a programme for repairs/damp or at least entered into discussions about the repairs/damp I wouldn’t pay my rent. At the time they didn’t even question it. Eventually I got them to do a damp report and although I’ve never been allowed to see, the guy who came and did it confirmed the property was damp. A while later the A brought the LL to the property to assess the damage and discuss compensation. Not surprising instead of discussing compensation they agreed to release me. That was when they decided they wanted 2 months rent and half of my deposit. Now apparently I’ve got to prove that the property was structurally at fault. I know I can insist they give me a copy of the damp report but it’s not going to be easy with just photos!

So my claim consists of Deposit for £950 + x3

There counter claim for 2x rent of £850p/m and deny being in breach.

Originally the LL was claiming for 6 months rent and half my deposit even though they had released me from the tenancy in writing. Just before the directions hearing I received information that they had dropped their claim for 4 months rent and any claim on the deposit.

The Judge did say to me that you can’t reply on anything the TDS have said, which seems really strange. Has anyone else found that you cannot reply on information given by the TDS in court?

So as you can see it’s a really complicated case, which I think will cost more in solicitor’s fees than the value of the claim. As it is now I think even if I tried to walk away the LL/A would go after me for fees to date.

Thanks for your advice, I’ll give the LL Zone a try and see if anyone on there can help me. And of course if anyone can offer any other advice please do!!

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I am not a lawyer and think you need specific advice here. Try posting on landlordzone, there are some very experienced legal seagulls there who may be able to assist.

 

You could also have a chat with CAB who may be able to give you advice.

 

By the way, what happened at the directions hearing?

 

And don't be intimidated by the LL's lawyer. Judges don't always appreciate LL's all "lawyered" up to beat up a little tenant!

 

Some wag on here has fixed it so that l e g a l b e a g l e gets changed to I'm an orange..... silly boy! :-|


Kentish Lass

Information given is based on my knowledge and experience and is not to be considered as legal advice

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How much is the total amount claimed? If it is under 5k then there is no reason and probably no precedent for the case to be multi tracked, for what reason are they saying that they want it multi-tracked?

 

It was announced some time ago that claims for deposit +3x deposit have to be claimed under Part 8.

 

However, in this case, I cannot see how they can get out of the unprotected deposit part of all this, since it is open and shut that the deposit was not protected.

 

And if TDS are saying the there has to be a clause in the AST agreement about the deposit, it must be there in the legislation.


Kentish Lass

Information given is based on my knowledge and experience and is not to be considered as legal advice

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Thank you. You've been really helpful. I did wonder about the orange!

 

I've found a solicitor locally through contactlaw that specialises in landlord and tenant law and sent him the paperwork to look at and advise me, which he said he would do for a fixed fee.

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