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Help with TDS claim please


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My last thread was rather long-winded due to various problems I've had getting our deposit back....

 

I desperately need some help as we are about to lodge an N208 TDS claim, I'm finding it all difficult. Fairly confident from what I have read on here (thanks for the info on this site). Our tenancy relations officer said we should be covered too, but the CAB website says to get expert advice, and shelter website said its untested too.

 

All tenancies were for same address, didn't know about this legislation until we didn't get deposit back

 

AST began february 2007, deposit paid, no inventory

AST signed August 2007, deposit retained

AST signed August 2008, deposit retained

 

we gave notice to quit at end of tenancy

We've sent several letters asking for deposit, and today a letter before action.

 

We should be protected but I'd really like some more cases I can reference for deposits paid before April 2007 as this is the grey area. (Thanks to Johnw for the cases he sent me too). I'd hate to lose on technicality.

 

Where do you search for the TDS cases won (and lost)?

 

we're no longer tenants either, is this also a grey area?

 

We just need the money back We're on benefits, have a small child, and had to borrow money to move (over £1200)

 

A tds claim for non compliance would be a lot easier than an N1, though we have evidence and statement, but we were moving with a baby and didn't think to photo the house when we moved in :(

 

apologies if I've missed anything, or if anything is hard to understand, I'm really dyslexic

 

thanks in advance

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You don't need to photo the house or prove anything - if the LL wants to make deductions it is their responsibilty to prove the case. The deposit is YOUR money unless he proves he is entitled to any of it, which without any evidence he can't do.

 

Unless I am missing something, I'd say to issue N208 for return of deposit plus 3x fine for non-compliance.

 

The renewals post April 2007 mean you have a good case - I won on these grounds as have others. The Govt. guidance is quite clear on how the law is intended to work - if a renewal AST was signed after April 2007, the deposit should be protected. I will PM you details of my case.

 

I think the fact you are no longer tenants doesn't matter, he is retaining your deposit without good cause.

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thank you, would be grateful of a PM and any help & tips. Thanks for the reassurance as I've been doing internet searches for days now. Will do the N208. It does seem unfair when we paid all our rent, bills, & cleaned for days, for him to just keep it. It wasn't a nice place to start with, but it was all we could get at the time. As you say it's our money, it hasn't been put in a scheme - called them all. The house needs loads spending on it, keeping our deposit is a drop in the ocean really. Thanks for all your help, and thanks to everyone who has helped on here since I found this site

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