Landlord TDS dispute

Troubled_Joe

Are you missing something?

By the looks of it, yes.... intelligence, tact, courtesy, the ability to answer simple questions etc etc.

I posted my (direct) experience of a matter relevant to the thread which you refuse to accept for some reason.

I hope that you and your folder of TDS cases from various courts are very happy together.

Planner

Troubled_Joe wrote: »

I hope that you and your folder of TDS cases from various courts are very happy together.

Thank you.

Along with your apology, thats the nicest thing you have said all thread :beer:

TPS01403

Hi everyone,

First time I've posted on here. Just wanted some advice really. Started my tenancy back on 3/1/06. Was renewed 3/1/08 and ceased 2/1/09.

Paid a £950 deposit to letting agent at beginning of tenancy. £360 was disputed by landlord/letting agent. Was due to go to The Dispute Service for dispute. However, TDS said it wasn't registered. Letting agent then registered it 4/2/09 over a month after the end of the tenancy. TDS agreed to adjudicate, and rightly returned the diputed amount to me due to the letting agents being in breach of both the HA 2004 and the TDS Rules of Membership.

I asked the letting agent for some compensation for the time this issue has taken me to resolve, and the annoyance issue and they have refused. As I have now received the full £950 deposit back....

a) Can I still take the letting agents to court for the 3 x deposit?
b) Is it likely to be successful? (The letting agents mentioned a judgement of Butcher v Sharan properties, and said that they were under no obligation to protect the deposit as it was paid prior to April 07, and that their obligation is only to protect it if it was paid after April 07 regardless of whether the tenancy was renewed after April 07.)
c) Would I use N208?
d) Would I still put on the £950 deposit plus the 3 x deposit fine on the Claim Form and then let the court deduct any amount already paid from any judgement?

Many Thanks for your help in advance. Sorry if my questions are dumb or anything.

Planner

TPS01403 wrote: »

Hi everyone,

First time I've posted on here. Just wanted some advice really. Started my tenancy back on 3/1/06. Was renewed 3/1/08 and ceased 2/1/09.

Paid a £950 deposit to letting agent at beginning of tenancy. £360 was disputed by landlord/letting agent. Was due to go to The Dispute Service for dispute. However, TDS said it wasn't registered. Letting agent then registered it 4/2/09 over a month after the end of the tenancy. TDS agreed to adjudicate, and rightly returned the diputed amount to me due to the letting agents being in breach of both the HA 2004 and the TDS Rules of Membership.

I asked the letting agent for some compensation for the time this issue has taken me to resolve, and the annoyance issue and they have refused. As I have now received the full £950 deposit back....

a) Can I still take the letting agents to court for the 3 x deposit?
b) Is it likely to be successful? (The letting agents mentioned a judgement of Butcher v Sharan properties, and said that they were under no obligation to protect the deposit as it was paid prior to April 07, and that their obligation is only to protect it if it was paid after April 07 regardless of whether the tenancy was renewed after April 07.)
c) Would I use N208?
d) Would I still put on the £950 deposit plus the 3 x deposit fine on the Claim Form and then let the court deduct any amount already paid from any judgement?

Many Thanks for your help in advance. Sorry if my questions are dumb or anything.

a) No, as the deposit has been registered, the arbitration service used and the deposit returned. The law has been satisfied.
b) No it isnt. The balance of cases go against the tenant after the depsoit has subsequently been registered.
c) Yes you would.
d) No I dont think you would .

You are very unlikley to win this case.

TPS01403

Many Thanks

So even though the letting agent has confirmed to me in writing that they are in breach of HA2004 and the TDS rules of membership, and even though this was confirmed by the TDS by them awarding me the disputed deposit, you still think it is unlikely to be successful going after them for the 3 X deposit?

The TDS have actually confirmed to me in writing that the deposit was not officially protected by them as it was not registered in line with their rules of membership, but that they agreed to adjuducate on the matter at the adjudicators discretion.

tbs624

TPS01403 wrote: »

Many Thanks

So even though the letting agent has confirmed to me in writing that they are in breach of HA2004 and the TDS rules of membership, and even though this was confirmed by the TDS by them awarding me the disputed deposit, you still think it is unlikely to be successful going after them for the 3 X deposit?

The TDS have actually confirmed to me in writing that the deposit was not officially protected by them as it was not registered in line with their rules of membership, but that they agreed to adjuducate on the matter at the adjudicators discretion.

Planner has already answered your question. You also have your deposit back in full. The wording of the legislation seems to allow for LLs/LAs to register the deposit late and thereby defeat an action for 3x the deposit amount. (This is not dissimilar to the way in which a T may defeat possession proceedings for unpaid rent by paying a proportion of the arrears off immediately prior to the hearing.)

You may be interested to read of this case link via the imaginatively entitled Estate Agent Today

TPS01403

Hey less of the attitude tbs624! I was only asking for clarification!

The law is an !!!! The legislation seems clear enough to me. If they haven't registered it until well over a month after the end of the tenancy, they should have to pay up. No wonder most people have little or no confidence in any part of the criminal or civil justice system in this country!

N79

TPS01403 wrote: »

Hey less of the attitude tbs624! I was only asking for clarification!

The law is an !!!! The legislation seems clear enough to me. If they haven't registered it until well over a month after the end of the tenancy, they should have to pay up. No wonder most people have little or no confidence in any part of the criminal or civil justice system in this country!

I agree the legislation is pretty clear - it is clear that registering the deposit can defeat a claim. The aim of the law was to stop Ts having to sue for the return of their deposits. This has been achieved in your case.

Why do you think that you (as opposed to the crown) should receive a payment for your LL's alleged lawbreaking? You have not suffered any significant damages and appear to have had all your money returned so you are not out of pocket.

TPS01403

Well to be honest I have had to spend ages in trying to get this matter sorted out, well over 20hrs solid, and as my time is extremely valuable (my time is charged at £195ph) I feel that I should be recompensed for this.

Less of the attitude!

N79

TPS01403 wrote: »

Well to be honest I have had to spend ages in trying to get this matter sorted out, well over 20hrs solid, and as my time is extremely valuable (my time is charged at £195ph) I feel that I should be recompensed for this.

Less of the attitude!

It was a genuine question and I was interested in your view.

To put the other side my notional professionally charge rate is less than yours but still around GBP100 / hour. I get nothing when I have to evict Ts over their various contract breaches. Why should you get compensated and not me?