TDS dispute question ask..

lumscx

My deposit is with the TDS scheme. Also in my AST contract, the TDS section clearly states that "the landlord/agent MUST notify the tenant within 10 working days after the tenancy ends, if they would like to make any deduction to the deposit."

However, the landlord/agent didn't contact me within the 10 working days after the tenancy ends. So now 20 working days has passed, the landlord contacted me to say that he wants to make some deduction, but he can't confirm what the exact amount are. He said he was on holiday and he now would need some time to estimate the cost..

Do you think I can now open TDS dispute to ask the refund of the full amount? based on the fact that the landlord/agent failed to complied with the AST contract's TDS section T&C?

Many thanks,

clutton_2

if the guy genuinely has been on holiday why penalise him for that ?

if you had been on holiday surely you would have expected a bit of give and take ?

lumscx

clutton wrote: »

if the guy genuinely has been on holiday why penalise him for that ?

if you had been on holiday surely you would have expected a bit of give and take ?

he actually began his holiday about 10 days after the tenancy ends.

Also, i think he should at lease let me know before he is going on holiday... or at least ask the LA to let me know..

tbs624

clutton wrote: »

if the guy genuinely has been on holiday why penalise him for that ?

He's a LL, he is running a business and the T needs her deposit back.He is obliged under the membership rules to let the T know within 10 days of the tenancy ending and , as the OP says, he can use his LA.

7 At the end of the tenancy
7.1 The Member must tell the tenant within 10 working days of the end of the tenancy, (or as specified in the tenancy agreement) if they propose to make any
deductions from the deposit.

tbs624

lumscx - let the TDS folk know what is happening, or rather, not happening. If the LL wants to deduct anything with which you don't agree you should challenge him if you are sure you have grounds to do so.

Payment should be made within 10 days of your and your LL agreeing the deductions: if there are disputed deductions then the LL should return the undisputed part to you within that 10 days.

lumscx

hi tbs624,

thanks for your reply. the problem is that the LL/LA hasn't comfirm me back what amount they want to deduct... they said they need more time to estimate... the point is that it has been 30 days after the tenancy ends and i don't want to wait forever...

i just wonder the fact that they failed to let me know if there is any deduction within 10 working days can be the arguing point in the TDS dispute for me to refuse any deduction proposal afterward the legitimate notification time window ?

tbs624 wrote: »

lumscx - let the TDS folk know what is happening, or rather, not happening. If the LL wants to deduct anything with which you don't agree you should challenge him if you are sure you have grounds to do so.

Payment should be made within 10 days of your and your LL agreeing the deductions: if there are disputed deductions then the LL should return the undisputed part to you within that 10 days.

moromir

lumscx wrote: »

hi tbs624,
the arguing point in the TDS dispute for me to refuse any deduction proposal afterward the legitimate notification time window ?

To paraphrase Pirates of the Caribbean, they're more like guidelines than an actual code.

You don't get to refuse a deduction, you get to dispute a proposed deduction.

The TDS won't look kindly on the fact that your LL took so long to respond, but if they decide his proposed deductions are in fact legitimate, they won't throw his case out just because he was late submitting it.

Pepzofio

I had exactly this situation a couple of years ago. I rang LA 4 weeks after moving out to ask when I would get deposit back and only when they rang to speak to LL did he mention that he wanted to make some deductions... I queried the 10 working day 'rule' as well and was told basically the same as what moromir has said.

Well, what the LA actually said was that regardless of the 10 day rule (which was more of a guideline), as stakeholder they were unable to release the deposit funds without the written consent of both LL & tnt. As LL was refusing to give written consent, there was little they could do, except advise me to lodge a dispute with TDS.

He never did actually come up with any quotes either - he actually refused point blank to provide written quotes to LA (not sure how he intended to get any money deducted!) and wouldn't even explain exactly what he wanted to deduct for. I lodged a dispute with TDS and he didn't even bother responding to them, so I got the full deposit back eventually.

I have to say though, they (TDS) were absolutely rubbish. I moved out in October and it was March or April before I got the full deposit back. They even managed to put someone else's notes on my file, so for a month or so I was told that LL wanted to deduct £173 but they could not tell me what for... The only people you can speak to are in a call centre, they do not deal with any of the paperwork or adjudicators - they are not even in the same office - and they can (apparently) only send email queries to the people actually doing anything, not actually call them. You can request a manager call back but don't hold your breath. Their complaints procedure is a joke.

Most of the people I spoke to were very nice and well-intentioned, but the problem was they didn't seem to have the power to actually do anything. Having worked in call centres before I have a lot of sympathy for people on the receiving end of complaint calls and try very hard not to take my frustrations out on them, but I have to say my patience was sorely tested. I genuinely intended to submit a formal complaint after it was all sorted, but to be honest I just couldn't face speaking to them ever again.

lumscx

moromir/Pepzofio,

The 10 day rule is actually written down in my AST contract and signed by both parties. If it is just a guideline rather than a rule... Does it mean that other terms in the AST are just guidelines? For instance, paying the rent is just a 'guideline'???

clutton_2

if you are not happy... take him to court

Pepzofio

The 10 day rule was written in my AST too, and I believe it's part of the TDS guidelines/process. I'm not sure how watertight an argument it would be on its own as (a) in my case it never got far enough to be tested due to LL not submitting any defence and (b) although I listed it as an argument in my TDS statement, I certainly didn't rely on it.

LA did point out that in some instances it may not be possible for LL to get any quotes within the 10 day period, in which case TDS would not penalise LL if he could show he had not caused unnecessary delay. Admittedly, I don't think my LL could have shown this, but in reality I'm not sure it would have mattered as TDS seem to have a lackadaisical approach to deadlines. When I raised the dispute they wrote to LL giving him a 'deadline' to provide info by, but they told me that if he did not respond they would write again giving him a further deadline, with no 'good cause' necessary for late submission.

So I really would not rely on this as my only grounds for appeal.