Agent refuses to return the deposit/informs will refuse TDS

AndyBSG

It really is simple and straightforward if you have your original check in report and the check out report.

- List out all the differences between the two. i.e if check in says 'carpets clean and stain free' but check out says 'carpets not cleaned' then that is a point of contention.

- For each difference you then list a valid argument. i.e. 'carpets were professionally cleaned before checkout. Receipt provided' or 'I accept the carpets were not professionally cleaned and accept a deduction of XXX(where xxx is the price a local cleaning firm would charge. Provide a quote of this as evidence that it is an acceptable deduction so they don't try to charge you double this)

- Don't forget to quote 'Betterment' in any of the items you're disputing the cost on

- Put a statement saying that you do not accept any of the additional charges that were added to the report after checkout.

- Lodge a dispute with the TDS and upload all of the above.

- Do NOT send a copy of the dispute to the LL or LA. Let the TDS sort that out, all you sending a copy does is give the LA/LL more time to come up with ways to wriggle out of your claims.

Then you just sit back and wait while the TDS go through it and either agree with you or come up with a reasonable deduction for the items you don't dispute.

That's exactly what I did and when it all went to TDS the LA suddenly cancelled any claims they had made because they knew TDS would side with me thanks to the evidence I had.

If the LA had rejected TDS settlement then I would have faced the unfortunate prospect of my money being stuck in TDS while a small claims case was pursued but only an idiotic LA would go that far because no judge would overrule TDS arbitration unless there was a one in a million reason. Most LA's would never go this far because they're simply calling your bluff up until that point.

pumen

AndyBSG wrote: »

It really is simple and straightforward if you have your original check in report and the check out report.

- List out all the differences between the two. i.e if check in says 'carpets clean and stain free' but check out says 'carpets not cleaned' then that is a point of contention.

- For each difference you then list a valid argument. i.e. 'carpets were professionally cleaned before checkout. Receipt provided' or 'I accept the carpets were not professionally cleaned and accept a deduction of XXX(where xxx is the price a local cleaning firm would charge. Provide a quote of this as evidence that it is an acceptable deduction so they don't try to charge you double this)

- Don't forget to quote 'Betterment' in any of the items you're disputing the cost on

- Put a statement saying that you do not accept any of the additional charges that were added to the report after checkout.

- Lodge a dispute with the TDS and upload all of the above.

- Do NOT send a copy of the dispute to the LL or LA. Let the TDS sort that out, all you sending a copy does is give the LA/LL more time to come up with ways to wriggle out of your claims.

Then you just sit back and wait while the TDS go through it and either agree with you or come up with a reasonable deduction for the items you don't dispute.

That's exactly what I did and when it all went to TDS the LA suddenly cancelled any claims they had made because they knew TDS would side with me thanks to the evidence I had.

If the LA had rejected TDS settlement then I would have faced the unfortunate prospect of my money being stuck in TDS while a small claims case was pursued but only an idiotic LA would go that far because no judge would overrule TDS arbitration unless there was a one in a million reason. Most LA's would never go this far because they're simply calling your bluff up until that point.

Thank your for your very detailed response. So, I do in fact need to provide all evidence at filing, unlike suggested here above?


The TDS form asks for the total value of claim? Do I just state the full value of the deposit there as they have not returned anything and explain that I did not see any proposed deductions? How can I provide evidence which they require at filing, if I do not know what case will be put against me?


My feeling is that TDS would be a waste of time as they can simply reject it? Maybe it is worth going directly to the court and seeking further compensation from the landlord for my time and inconvenience...

benjus

pumen wrote: »

Thank your for your very detailed response. So, I do in fact need to provide all evidence at filing, unlike suggested here above?


The TDS form asks for the total value of claim? Do I just state the full value of the deposit there as they have not returned anything and explain that I did not see any proposed deductions? How can I provide evidence which they require at filing, if I do not know what case will be put against me?


My feeling is that TDS would be a waste of time as they can simply reject it? Maybe it is worth going directly to the court and seeking further compensation from the landlord for my time and inconvenience...

For everything that they have mentioned or you think they might include in their claim, put in an argument as to why you are not liable or admit liability and offer what you think is a fair settlement.

Engaging with TDS would be an appropriate first move to show a court that you've done your best to resolve the matter out of court. As others have said, you may find that the agent/LL gives up and accepts TDS. If not you'll need the evidence for court anyway so you might as well get on with it. If I were a court judge I wouldn't be very impressed with people bringing tenancy deposit cases and refusing to engage with deposit dispute resolution schemes without very good reason, as they were in part brought in to avoid using up court time for these issues.

bebewoo

I also have made a claim via the TDS, I agree with bouicca21. Contact them.
As you suspect the agency can't claim the whole £3,500 and the TDS will tell the agency to release the undisputed amount to you and will arbitrate (if allowed) over the remaining amount that is disputed.

G_M you used to be helpful in the past - the OP is clearly very panicky at the moment he/she hasn't been through this deposit dispute malarky a million times like you have so being sarky won't help.

Guest101

pumen wrote: »

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.

I had a disputed deposit earlier this year. I phoned them up and asked for my deposit to be returned.


They attempted to contact the LL, after 14 days I was able to submit a form (which needed a solicitors stamp) - I believe a statement of truth.


But initially there was no evidence to submit. - Phone them up I'd say

bouicca21

Your claim is for the full amount of the deposit. Upload your evidence (check in, check out) showing that the place was in as good if not better condition when you left. Upload the agent's extra additional claims and point out they contradict the check out.

Basically supply TDS with every last scrap of evidence you have to counter anything the agent might tell them.

Job done.

pumen

bebewoo wrote: »

G_M you used to be helpful in the past - the OP is clearly very panicky at the moment he/she hasn't been through this deposit dispute malarky a million times like you have so being sarky won't help.

Thank you for your support. This is really unexpected, my first experience with renting in UK/London and the whole process has been extremely embarrassing. I have never encountered anything like this, where I have to chase agency for my own money. It is clear they are just trying to scam me as I have not breached anything, left the flat clean and paid this landlord in excess of GBP 30,000 during the last 12months for a very sub-standard flat. I have been paying astonishing amount of money for a very poor quality house and the agency has failed to solve issues throughout the tenancy, so this is why we moved.


Yes, I am new with this. Am very unfamiliar how this works and did not expect return of my deposit being such a major issue. However, I browsed many threads on these forums during the past days and it seems there are many disputes - it is just amazing that so many people cannot get their own money back without a problem!


Again, thank you to all good people who advised me on this matter.