Deposit dispute with tenants

Sydz_2

Looking for some advice - my situation is (... will avoid going war & peace on this ...)

Situation ...
I rented my property to 3 individuals through a letting agency (rent collection only). Half way through the contract (6 months) two exited and third decided to bring in two other tenants despite my disapproval. I was abroad all this while so was unable to be present in person to handle. Towards month 10 they were given notice to vacate the property which they did 3 months later ... so total tenure of 13 months.
The property was left in a horrible condition with amenities missing, no cleaning done ... pains me to recall the details. I have since spent the last year trying to get it back to a live-able state.

All this while I have also been trying to get part of the deposit back which has been held under TDS. I was fair in my dealings, any deductions I wanted to make I discounted by at least 50% as the items weren't brand new. I agreed to a final amount with one of the tenants but the other two have pretty much disappeared and are not responsive.

Dilemma
Given the contract was with 3 instead of 1 and it has been almost a year me trying to get the money back TDS cannot help, Shelter seem to be tenant oriented and I am at a loss as to what my options are. Do I go down the court route? If I do, how long does it take and I imagine would cost quite a bit?
I have saved all correspondence, have evidence of the state the property was given to tenants and the state it was received in and also evidence of at least one of the three agreeing to a fair amount.

Any advice would be appreciated. Thank you

I know there are bad tenants and bad landlords but I feel the whole process is biased towards tenants. All the damages and stress ... #neverrentout.

need_an_answer

Has the deposit been refunded,if so to whom via the deposit protection or is it still being held?

the tenant that has agreed to the deductions,are they an original tenant or one of the replacements?

Roughly how much are you seeking in deposit deduction?

Sydz_2

Not yet the deposit is still being held under deposit protection AFAIK
The tenant who has agreed is one of the original tenants.
Just over £1000 and this is after I applied the various concessions.

need_an_answer

Sorry was the deposit registered in the names of all the tenants equally or just to a lead tenant,and if so is this the one you have contact with?

Comms69

Sydz wrote: »

Looking for some advice - my situation is (... will avoid going war & peace on this ...)

Situation ...
I rented my property to 3 individuals through a letting agency (rent collection only). - individually or as joint tenants? Half way through the contract (6 months) two exited and third decided to bring in two other tenants despite my disapproval. - Well too late now, but it's debateable about what you could have done I was abroad all this while so was unable to be present in person to handle. Towards month 10 they were given notice to vacate the property which they did 3 months later ... so total tenure of 13 months. - That's lucky. Since notice to vacate has no legal meaning
The property was left in a horrible condition with amenities missing, no cleaning done ... pains me to recall the details. I have since spent the last year trying to get it back to a live-able state. - a year?! hmm...

All this while I have also been trying to get part of the deposit back which has been held under TDS. I was fair in my dealings, any deductions I wanted to make I discounted by at least 50% as the items weren't brand new. - how old were they? You may not be entitled to 50%, or even 1% I agreed to a final amount with one of the tenants but the other two have pretty much disappeared and are not responsive.

Dilemma
Given the contract was with 3 instead of 1 and it has been almost a year me trying to get the money back TDS cannot help, Shelter seem to be tenant oriented and I am at a loss as to what my options are. Do I go down the court route? If I do, how long does it take and I imagine would cost quite a bit? - Well where is the deposit??
I have saved all correspondence, have evidence of the state the property was given to tenants and the state it was received in and also evidence of at least one of the three agreeing to a fair amount.

Any advice would be appreciated. Thank you

I know there are bad tenants and bad landlords but I feel the whole process is biased towards tenants. All the damages and stress ... #neverrentout.

Being a 'good' landlord, you must've done your research, understand the implications of running a business, have funds set aside to cover this kind of thing.

Sydz_2

All three tenants, just reconfirmed from the TDS certificate - and this is an issue as deposit cannot be released unless all three confirm ... or so I am told.

Pixie5740

Sydz wrote: »

Looking for some advice - my situation is (... will avoid going war & peace on this ...)

Situation ...
I rented my property to 3 individuals through a letting agency (rent collection only). Half way through the contract (6 months) two exited and third decided to bring in two other tenants despite my disapproval. I was abroad all this while so was unable to be present in person to handle. Towards month 10 they were given notice to vacate the property which they did 3 months later ... so total tenure of 13 months.
The property was left in a horrible condition with amenities missing, no cleaning done ... pains me to recall the details. I have since spent the last year trying to get it back to a live-able state.

All this while I have also been trying to get part of the deposit back which has been held under TDS. I was fair in my dealings, any deductions I wanted to make I discounted by at least 50% as the items weren't brand new. I agreed to a final amount with one of the tenants but the other two have pretty much disappeared and are not responsive.

Dilemma
Given the contract was with 3 instead of 1 and it has been almost a year me trying to get the money back TDS cannot help, Shelter seem to be tenant oriented and I am at a loss as to what my options are. Do I go down the court route? If I do, how long does it take and I imagine would cost quite a bit?
I have saved all correspondence, have evidence of the state the property was given to tenants and the state it was received in and also evidence of at least one of the three agreeing to a fair amount.

Any advice would be appreciated. Thank you

I know there are bad tenants and bad landlords but I feel the whole process is biased towards tenants. All the damages and stress ... #neverrentout.

In what way have TDS been unable to help you? Have you tried to raise a dispute via TDS?

https://www.tenancydepositscheme.com/deposit-disputes.html

Yes, Shelter are tenant orientated being that Shelter is a housing charity. If landlords want advice then they are free to join a landlord association, membership fees are an allowance expense.

Read G_M's Deposits: payment, protection and return. I'm amazed that you have let this drag on for a year.

Pixie5740

Sydz wrote: »

Not yet the deposit is still being held under deposit protection AFAIK
The tenant who has agreed is one of the original tenants.
Just over £1000 and this is after I applied the various concessions.

What do you mean by "as far as you know?" Surely you know whether the deposit is currently protected with TDS or not. Did you use their custodial scheme or the insurance backed scheme?

Sydz wrote: »

All three tenants, just reconfirmed from the TDS certificate - and this is an issue as deposit cannot be released unless all three confirm ... or so I am told.

Again, "so you are told," told by whom? TDS? Whose name(s) is the deposit registered under? You were the landlord, you should have this information or be able to find out with a few mouse clicks.

FBaby

All three tenants, just reconfirmed from the TDS certificate - and this is an issue as deposit cannot be released unless all three confirm ... or so I am told.

I've never heard of a deposit made under the names of different tenants, I thought there was always a 'lead' tenant. Did the agency protect it on your behalf or did you?

I am only familiar with the DPS service, but when one doesn't respond, you would normally go through the single claim process. I think that would mean that they would give the tenants X time to respond after which if they don't, the money is automatically released to you.

You need to get back in touch with TDS to ask them exactly what your next step is, they should be able to advise you (If they are as helpful as DPS).

Sydz_2

individually or as joint tenants?

Joint tenants

- a year?! hmm...

I'm amazed that you have let this drag on for a year.

Reasons beyond my control me being abroad and I have had numerous life events that have run concurrently

how old were they? You may not be entitled to 50%, or even 1%

18+ if that is your question? I am not sure I understand the second half.

What do you mean by "as far as you know?" Surely you know whether the deposit is currently protected with TDS or not. Did you use their custodial scheme or the insurance backed scheme?

Contract managed by a letting agency on a 'rent collection' basis

Again, "so you are told," told by whom? TDS? Whose name(s) is the deposit registered under? You were the landlord, you should have this information or be able to find out with a few mouse clicks.

Letting agency and have verified the certificate with TDS

In what way have TDS been unable to help you? Have you tried to raise a dispute via TDS?

yes they only deal with disputes if they are within 3 months of the tenancy ending according to TDS

... Besides, the moral of this story is that if you cant put up with the possibility of obnoxious tenants, then dont get into the game. You cant tell that to the tenants themselves however....

@NineDeuce I hear you. I was not born with a mortgage nor did I "get into the game" because I wanted to be a "greedy landlord". I am glad however to have provided you an opportunity to get things off your chest. Thank you for being judgemental.

Pixie5740

There might have been a joint tenancy in place but it is usual for the deposit to be protected under a lead tenant's name not every single tenants' names. Whose name(s) exactly is the deposit registered under. If you do not know find out!

If you are only paying the letting agency to collect the rent why are they having anything to do with the deposit?