Paid a deposit before TDS was introduced and now LL trying to withold money

hartleysjam

Hi there, I lived in the flat for 10 years and moved out a short while ago, However, There was no inventory issued at the time of contract and has never been one since, I know the TDS only came into effect 2007 but it said on the CAB website that the agency should have put it into place when the tennacy was renewed every 6 months, am I reading the statement below correctly?

What if I paid a deposit before April 2007

[FONT=Arial,Arial][FONT=Arial,Arial]Landlords don't have to use a tenancy deposit protection scheme for deposits paid before 6 April 2007, unless you renewed your tenancy after this date. If you paid a deposit before April 2007 and you have a disagreement with your landlord about it, try to come to an agreement.

Thanks for your advice
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DVardysShadow

Yes. If you have a signed agreement, dated after April 2007, you have the evidence to make a 3 times claim.

Be a little sly, ask for an account of the amounts with held and threaten to sue for the deposit if necessary. Once they have declared, then come back here for advice on what is allowable - and only after that consider using the 3 times rule to reclaim your deposit. Otherwise, if you go first, they could just rack up alleged costs to cover the 3 times deposit amount

hartleysjam

DVardysShadow wrote: »

Yes. If you have a signed agreement, dated after April 2007, you have the evidence to make a 3 times claim.

Be a little sly, ask for an account of the amounts with held and threaten to sue for the deposit if necessary. Once they have declared, then come back here for advice on what is allowable - and only after that consider using the 3 times rule to reclaim your deposit. Otherwise, if you go first, they could just rack up alleged costs to cover the 3 times deposit amount

right, I see, Actually really glad to hear that, Really annoyed as we paid our rent on time every month for 10yrs, never asked for anything from the agency or LL, but they are quibbling over wear and tear! thank you

DVardysShadow

hartleysjam wrote: »

r ...never asked for anything from the agency or LL, but they are quibbling over wear and tear! thank you

Let them hang themselves by describing them as wear and tear charges. Fair wear and tear is not deductible. After 10 years it is not reasonable to deduct anything for carpets or decoration.