Bad tenants? reasonable estate agent? what is landlord's right

[Deleted User]

ileven1225 said:

greatcrested said:

• The previous tenants disagreed with the deduction, however, they still haven't put the dispute to the TDS yet and it seems there is no further response from the tenants. I would like to solve this issue/dispute as soon as possible and even there is a little money but still help. It seems we could do nothing until the tenants put formal dispute in TDS and the waiting time could be years, which I was told by the estate agent. What's the problem? Until the tenants respond they will not get their deposit, so either they WILL respond/raise a dispute, or they willlose their deposit.....

The problem is I want to solve this issue/dispute as soon as possible so no matter how much TDS would agree to give to the landlord, I prefer it to be done sooner than later. However, the tenants seem not raising the dispute to TDS and I was told by the letting agency that I could do nothing but wait. If the tenants not raising dispute, the deposit could stay within TDS for years! What the letting agency told me is as follows:

'Further to the email below, we can’t raise dispute with TDS. It is tenants responsibility to inform TDS that there are deduction from deposit and they would like to dispute it. Then Estate Agent will get invitation to submit the evidence.'

The agent is giving you a bum steer. You don’t need to wait for the tenant. 

ileven1225

Lover_of_Lycra said:

ileven1225 said:

greatcrested said:

• The previous tenants disagreed with the deduction, however, they still haven't put the dispute to the TDS yet and it seems there is no further response from the tenants. I would like to solve this issue/dispute as soon as possible and even there is a little money but still help. It seems we could do nothing until the tenants put formal dispute in TDS and the waiting time could be years, which I was told by the estate agent. What's the problem? Until the tenants respond they will not get their deposit, so either they WILL respond/raise a dispute, or they willlose their deposit.....

The problem is I want to solve this issue/dispute as soon as possible so no matter how much TDS would agree to give to the landlord, I prefer it to be done sooner than later. However, the tenants seem not raising the dispute to TDS and I was told by the letting agency that I could do nothing but wait. If the tenants not raising dispute, the deposit could stay within TDS for years! What the letting agency told me is as follows:

'Further to the email below, we can’t raise dispute with TDS. It is tenants responsibility to inform TDS that there are deduction from deposit and they would like to dispute it. Then Estate Agent will get invitation to submit the evidence.'

The agent is giving you a bum steer. You don’t need to wait for the tenant. 

I Just contacted TDS, if no response from tenants for 3 months, TDS will make decision anyway. My letting agency basically did not tell me the full story. Why? To keep deposit for their own and wish no one will find out?

RAS

The most likely reason is ignorance and stupidity. They can't access your deposit.

jon81uk

ileven1225 said:

jon81uk said:

ileven1225 said:

greatcrested said:

• The previous tenants disagreed with the deduction, however, they still haven't put the dispute to the TDS yet and it seems there is no further response from the tenants. I would like to solve this issue/dispute as soon as possible and even there is a little money but still help. It seems we could do nothing until the tenants put formal dispute in TDS and the waiting time could be years, which I was told by the estate agent. What's the problem? Until the tenants respond they will not get their deposit, so either they WILL respond/raise a dispute, or they willlose their deposit.....

The problem is I want to solve this issue/dispute as soon as possible so no matter how much TDS would agree to give to the landlord, I prefer it to be done sooner than later. However, the tenants seem not raising the dispute to TDS and I was told by the letting agency that I could do nothing but wait. If the tenants not raising dispute, the deposit could stay within TDS for years! What the letting agency told me is as follows:

'Further to the email below, we can’t raise dispute with TDS. It is tenants responsibility to inform TDS that there are deduction from deposit and they would like to dispute it. Then Estate Agent will get invitation to submit the evidence.'

I rented out a property for a while when we were unable to sell it. We had issues with tenants and kept the deposit. I just had to provide evidence to the deposit protection scheme of what we spent the deposit on (in this case flooring so I sent a copy of the receipt) and the tenants then could dispute it. They didn't reply to the emails from the deposit protection within the timeframe so I got the money.

What is the timeframe? It would be important information for me

I can't remember the exact details, but I think we got the deposit back within a month. It took a long time to get formal possession of the house (the tenants changed locks then vacated leaving a mess) but once we did the work to bring it up to standard and had the carpet fitted I think I got the deposit within a month of asking for it from DPS.

From memory we had to fill out a form stating we wanted to keep the deposit, get a lawyer to sign it and then send it off with the evidence of costs spent. The tenant didn't have to take any action unless they wanted to respond to DPS and dispute it.

I think your agent is giving you the wrong information and as the deposit is held in your name you can do everything anyway.

macman

ileven1225 said:

Lover_of_Lycra said:

ileven1225 said:

greatcrested said:

• The previous tenants disagreed with the deduction, however, they still haven't put the dispute to the TDS yet and it seems there is no further response from the tenants. I would like to solve this issue/dispute as soon as possible and even there is a little money but still help. It seems we could do nothing until the tenants put formal dispute in TDS and the waiting time could be years, which I was told by the estate agent. What's the problem? Until the tenants respond they will not get their deposit, so either they WILL respond/raise a dispute, or they willlose their deposit.....

The problem is I want to solve this issue/dispute as soon as possible so no matter how much TDS would agree to give to the landlord, I prefer it to be done sooner than later. However, the tenants seem not raising the dispute to TDS and I was told by the letting agency that I could do nothing but wait. If the tenants not raising dispute, the deposit could stay within TDS for years! What the letting agency told me is as follows:

'Further to the email below, we can’t raise dispute with TDS. It is tenants responsibility to inform TDS that there are deduction from deposit and they would like to dispute it. Then Estate Agent will get invitation to submit the evidence.'

The agent is giving you a bum steer. You don’t need to wait for the tenant. 

I Just contacted TDS, if no response from tenants for 3 months, TDS will make decision anyway. My letting agency basically did not tell me the full story. Why? To keep deposit for their own and wish no one will find out?

No. They're no longer earning any commission from you, so they're not really interested in your problem with the deposit. You now have to do the work that you paid them to do (badly)for you.

Slithery

ileven1225 said:

My letting agency basically did not tell me the full story. Why? To keep deposit for their own and wish no one will find out?

Maybe because they don't actually know how the deposit schemes work? Remember, absolutely zero qualifications or training are needed to run a lettings agency.