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Tennant moved out...place is a tip

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Comments

  • SouthCoast
    SouthCoast Posts: 1,985 Forumite
    If the deposit was not protected in the TDS, a switched on tenant will be claiming three times the deposit through the courts.
  • Nordberg, I think you need to get on a steep learning curve here! You may well be forced to pay 3x deposit back if it wasn't protected in one of the schemes, saying that it was your agent's responsibility is not enough as it is your responsibility to check the actions of your agent, particularly with things like deposits.

    With regards to the damage, if the deposit was not protected you cannot use their dispute service. Not sure how it works if you protect it now, after the fact. A site I see mentioned a lot on here is http://www.landlordzone.co.uk/ most of the professional landlords recommend becoming a member. Do you have before and after photos and a signed inventory documenting the condition of the property?
    Scar tissue that I wish you saw, sarcastic mister know it all, close your eyes and I'll kiss you cause with the birds I'll share this lonely view.
  • clutton_2
    clutton_2 Posts: 11,149 Forumite
    edited 28 September 2009 at 6:07PM
    here we go again - folks jumping to conclusions about bad agents and bad landlords before knowing all the facts ......

    there are 2 types of deposit scheme -

    one where the Scheme holds the money (DPS for example)

    and the other type is the insurance scheme (such as MyDeposits) where the LL/LA holds the money and releases it EITHER to the tenant if there is agreement about the finalisation of the tenancy OR sends the disputed amount back to the Scheme - where the Dispute team make a decision and then pay the money to either tenant or landlord

    Your agents response

    "" will now contact Ms XXXX. You both have to be in agreement about the condition of the property and you have to agree to the sum awarded to you for any works required. If you both do not agree I then have to rasie a dispute and send the deposit to the Tenancy Deposit Scheme who will then deal with the dispute and contact you both before deciding who to award the money to. From past experience this can go either way and I have no control over the outcome. ""

    sounds utterly professional and accurate to me

    you could, of course, refuse to use the Dispute Procedure and make the tenant take you to court and if she does not then you take her to court (but only if you have a forwarding address)
  • clutton wrote: »

    and the other type is the insurance scheme (such as MyDeposits) where the LL/LA holds the money and releases it EITHER to the tenant if there is agreement about the finalisation of the tenancy OR sends the disputed amount back to the Scheme - where the Dispute team make a decision and then pay the money to either tenant or landlord

    Please tell me that the tenant is protected from the LA/LL spending or running off with the money with these types of schemes?
  • clutton_2
    clutton_2 Posts: 11,149 Forumite
    ""Please tell me that the tenant is protected from the LA/LL spending or running off with the money with these types of schemes?""

    the irony of Mydeposits is that the LL has to pay to pay for an insurance policy to protect the tenants money......

    dont get me started ....
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