Help!Raising dispute for more than deposit amount

B123_2

I was wondering if anyone has any experience of raising a dispute with TDS or similar scheme, and the claim from the LL is more than the deposit?

I have another thread running about my on-going saga with a former LL/agent who is trying to claim more than double the amount of my deposit in damages.

We are now wishing to raise this dispute with the TDS, where our deposit is registered. I have contacted them and been informed that they will only aim to resolve a dispute surrounding the sum of the deposit. Any further claims will have to be dealt with in another fashion (probably through court action).

I have also been informed that I have 6 months to raise this dispute with the TDS, and the LL/agent would like to know if we are following this route. As far as I am aware the LL/Agent has 20 days to inform us of deductions. They did provide us with an estimate (less than the amount of deposit) within this time-frame. After +30 days after the end of tenancy, they supplied us with another deductions list that is more than double the deposit amount. No invoices etc as yet.

I was wondering if anyone has any experience of raising a dispute with TDS or similar scheme, and the claim from the LL is more than the deposit? Although the TDS have said they will look into the amount of deposit, the forms we have to fill in (TDS2 Notification of Dispute) asks for a breakdown of sums. Eg. "What is this for?...Cleaning £...decoration £..etc. It also asks how much is the deposit and how much is in dispute.

Do I fill this in to include the excess also..and make them aware that I know that they will only deal with the deposit sum? It would be impossible to fill the breakdown list in otherwise? Unfortunately, funds do not allow us to take this matter directly to a small claims court.

Any help would be much appreciated.

tbs624

Before you make a decision about not using the courts because of concerns about court costs, have you checked out fee remissions? See link

B123_2

Ah thanks for this. I had tried looking into it but just got bogged down with legal-aid info. Will take a look.

B123_2

tbs624 wrote: »

Before you make a decision about not using the courts because of concerns about court costs, have you checked out fee remissions? See link

Thanks so much for this. I have had a look and can probably apply for part remission based on a means test. Do you know an awful lot about this? As I said we are cautious about taking it straight to court because of the cost. Therefore, does the fee remission have to take place after we issue a case, or can it be completed to access whether we qualify before we take the court route?

Also, there is reference to 'couples' and applying as a single person. My housemate and I still live together but not as a couple. The case would be for both of us as joint tenants. Would we then both need to apply separately for remissions?

Thanks for the help

B123_2

It a couple of weeks since I have been on here. Me and my housemate have decided to send off to the TDS to look into this for us. I have almost completed the form & have all the supporting info and its just about ready to go. The only problem I am STILL having is with the first crucial section.

It asks for the deposit amount..which is quite straight forward.

Then, it asks "How much is in dispute?".. where I will put the deposit amount again (as they want it all & then some!) and then the grand total of the LL claim in brackets?

Finally there is a break down section for amounts "what is this for?", eg. Cleaning, damage to property contents etc. This is where I have a problem. Our deposit is less than the amount the LL/agents wish to claim on several of these items. For example, the amount on damage is almost double the deposit sum. I assume that I just put the exact amount, even if it does surpass the deposit amount?

I contact TDS and asked about filling this in, and the information I received after some time wasn't all that helpful. They said "'what is this for?' - Refers to the reasons amounts are being claimed." I think I managed to work out the meaning of that statement all on my own!

I know this may sound like a silly question, but how do I fill this section correctly given that the LL claim is so large. I know the TDS can only consider the deposit amount. I don't want to just guess on this...it's such a big deal for us! Is there no-one out there who has had a similar experience?

Debt_Free_Chick

The TDS can only deal with the deposit. Any claim in excess of the deposit would be a separate process, usually through the small claims court.