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Deposit Scheme-reject case

Hi guys and girls,

im hoping someone can offer advice or have been in a similar situation.

I recently moved out of a rented property. I contested the amount taken from my deposit through the Tenancy Deposit Scheme( which I believe every deposit post 2002 has to be subject to, or a similar scheme)

Upon moving into the property initially, I signed a Short Term Tenancy Agreement, after this 6 months had elapsed, I did not initiate another Short Term Tenancy Agreement, neither did the landlord or the letting agent.

Some 8 months (Nov 2009) after the end date for the Short Term Tenancy Agreement, I moved out.

I have submitted my case to the Tenancy Deposit Scheme, only for the Tenancy Deposit Scheme to decline to take on my case, due to the Short Term Tenancy Agreement stating an end date of Feb 2009.

My questions are:-

1) Has any one been in similar situations and how did you go about resolving the issue?
2) Have the Tenancy Deposit Scheme been reasonable?
3) What are my next (money saving) available steps?
4) What happens to the amount in dispute?

Thanks for any advice/useful information in advance.

Comments

  • Imp
    Imp Posts: 1,035 Forumite
    I have been in a similar situation, still ongoing. The next step for you is to make a formal written complaint to them using their complaint procedure. Then wait another 4 months.
  • Imp wrote: »
    I have been in a similar situation, still ongoing. The next step for you is to make a formal written complaint to them using their complaint procedure. Then wait another 4 months.

    cheers for the quick response, what has happened to your disputed amount/deposit in the mean time? who actually holds the amount in question?
  • N79
    N79 Posts: 2,615 Forumite
    edited 14 January 2010 at 5:12PM
    Your reason for the TDS refusing doesn't make sense but then your dates and terminology are all wrong as well so I wonder if there is some confusion over the reason TDS has given.

    Maybe the LL declined to use their arbitration? Or maybe it is a notice problem?

    How much notice did you give the LL that you intended to move out and what were the exact dates of your notice and the start date of the original tenancy?
  • N79 wrote: »
    How much notice did you give the LL that you intended to move out and what were the exact dates of your notice and the start date of the original tenancy?


    Under my understanding of the Periodic agreement which came in to effect after the above date, i have one months notice in line with the Periodic agreement ( i actually gave 45 days notice)
  • N79
    N79 Posts: 2,615 Forumite
    fatboy2002 wrote: »
    Under my understanding of the Periodic agreement which came in to effect after the above date, i have one months notice in line with the Periodic agreement ( i actually gave 45 days notice)

    Not a notice problem them.

    What exactly is the reason they give?
  • N79 wrote: »
    Not a notice problem them.

    What exactly is the reason they give?

    As the Short Term Agreement ended on the Feb 2009 and I didn’t raise my case until Nov 2009( when I moved out)

    they are stating it has been more than 6 months from the time I raised the case and the actual end date on the Short Term Agreement.

    I guess that means people who do not sign up consecutive Short Term Agreements until they leave the property they will be in limbo, if the scenario arises where a deposit dispute is raised.
  • I believe that you have given the TDS incorrect information as your tenancy did not end in February 2009, only the AST did. You went onto a rolling periodic agreement after that, so your tenancy actually ended in November 2009.

    Get on the phone to the TDS and explain asap!
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