Agent refuses to return the deposit/informs will refuse TDS

pumen

firebird082 wrote: »

Have you actually requested the return of your deposit through the TDS? Seems to be that you should have done that shortly after you moved out, rather than wrangling with the agents about deductions that they haven't even told you the amount of...

No as I hoped we could find a solution. The new excessive list has only appeared this Saturday. The tenancy agreement has a clause that I should wait 10 days before going to the arbitration, etc, so I have not submitted yet as I hoped the agent will be reasonable.

Guest101

pumen wrote: »

No as I hoped we could find a solution. The new excessive list has only appeared this Saturday. The tenancy agreement has a clause that I should wait 10 days before going to the arbitration, etc, so I have not submitted yet as I hoped the agent will be reasonable.

That clause always has been and always will be, unenforceable. The tenancy has finished, you cannot be held to a contract which is completed.

pumen

G_M wrote: »

* Deposits: payment, protection and return



As the author of the link, I'd be grateful for your feedback. You seem to have plenty of time to post, so perhaps you could suggest what additional information I need to put in the link?

The purpose of the link is to provide a comprehensive explanation of the law, and processes, involved in deposit taking/return, so that we (the regular posters on the forum) do not need to endlessly re-write the same information in reply to each enquiry, and also to provide full information in a single post.

If I have missed something, or failed to explain your options clearly, please let me know and suggest improvements, both to help yourself and the next 100 people who come here with a similar problem.

Oh, and if arbitration is excluded by the LL/agent, and the courts are excluded by you, then the remaining options are

* tea & cake and a friendly chat to resolve or
* walk away and earn another deposit.

My case is not standard. I have not seen anything about having a signed off check out report and introducing new things 9 days later, contradicting a report by an inventory clerk they have hired themselves!

However, I will suggest improvements once (or "if") I manage to get my deposit back. Maybe even a case study!

pumen

Guest101 wrote: »

That clause always has been and always will be, unenforceable. The tenancy has finished, you cannot be held to a contract which is completed.

Well, thank you. That is why I use this forum - it is great to receive advice from people who better know the situation.

Guest101

pumen wrote: »

My case is not standard. I have not seen anything about having a signed off check out report and introducing new things 9 days later, contradicting a report by an inventory clerk they have hired themselves!

However, I will suggest improvements once (or "if") I manage to get my deposit back. Maybe even a case study!

Whilst I sympathise, you are letting things get done to you and the reacting. You should be doing things pro-actively.


Agents lie, a lot. In fact it's a pre-requisite to being a veteran agent (well mostly!).


The agents are putting pressure on you to accept deductions.


Take control. Apply to the TDS today. Calm down and wait for the evidence submission process to begin (the agents might just agree to release the deposit as often it's not worth their time actually arguing the case, simply threatening to increase the costs gets them something).

Pixie5740

Your case is standard. There's nothing particularly out of the ordinary about it. There's certainly nothing that warrants a case study especially from someone as busy as yourself.

You have said that the letting agency refuses to use the arbitration service but you haven't even tried to claim your deposit back from TDS yet. The letting agent is probably just using an aggressive tactic so that you agree to the proposed deductions. All the advice you needed was in the Deposits guide written by G_M. For whatever reason you didn't follow said advice when it was given to you 8th October. Instead you choose to get your knickers in a twist and for that reason I'm out.

pumen

Guest101 wrote: »

Whilst I sympathise, you are letting things get done to you and the reacting. You should be doing things pro-actively.


Agents lie, a lot. In fact it's a pre-requisite to being a veteran agent (well mostly!).


The agents are putting pressure on you to accept deductions.


Take control. Apply to the TDS today. Calm down and wait for the evidence submission process to begin (the agents might just agree to release the deposit as often it's not worth their time actually arguing the case, simply threatening to increase the costs gets them something).

Can I apply for the full deposit without any evidence now and let them build their case if they want deductions? Will I have ability to submit my evidence after they submit theirs?

Guest101

pumen wrote: »

Can I apply for the full deposit without any evidence now and let them build their case if they want deductions? Will I have ability to submit my evidence after they submit theirs?

Both parties will have a chance to submit evidence down the line. Today you are just asking for your deposit back, there's a strong chance (let's say 80-90%) that the agent will just agree and be done with it - They're trying it on and they know it.

pumen

Guest101 wrote: »

Both parties will have a chance to submit evidence down the line. Today you are just asking for your deposit back, there's a strong chance (let's say 80-90%) that the agent will just agree and be done with it - They're trying it on and they know it.

Many thanks for your advice. This is very helpful. Perhaps this is something which can be added to the Deposits page which I was referred to several times, but is very ambiguous.

pumen

Guest101 wrote: »

Both parties will have a chance to submit evidence down the line. Today you are just asking for your deposit back, there's a strong chance (let's say 80-90%) that the agent will just agree and be done with it - They're trying it on and they know it.

I just tried to request my full deposit back from TDS. Actually, I think the form is more suitable for the agent/landlord who know how much they want to deduct vs. the tenant as the form actually asks you to submit evidence and to state the disputed amount BEFORE you are actually allowed to submit the form. It also says that if you have not submitted evidence, you cannot submit evidence after the filing. So, where is the truth?


My situation is different. I do not know how much they are proposing to deduct. I do not know what evidence they will use to support my case.