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Agent failed to register deposit with TDS - What now??
Comments
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Agent has telephoned pm today to offer half of disputed amount be returned to me (no mention of registration with the TDS) - this was unacceptable before but suddenly now OK.
I think a letter threatening the County Courts is my next move.:rotfl:0 -
7 October plus 3 months is 7 December and it's mow mid December.
jamesd, October + 3 months is January and it is now only mid December.
I guess the OP has clarified with the agreement by both parties of a break clause.
I guess if the OP wants to go down the route of trying to get the 3x deposit, he may be one of the first to set a precedent:wall:
What we've got here is....... failure to communicate.
Some men you just can't reach.
:wall:0 -
IveSeenTheLight wrote: »jamesd, October + 3 months is January and it is now only mid December.
I guess the OP has clarified with the agreement by both parties of a break clause.
I guess if the OP wants to go down the route of trying to get the 3x deposit, he may be one of the first to set a precedent
If your deposit should have been held by the tds and it hasn't do you have the option of asking the tds to deal with it before or instead of going to Court?Loretta0 -
You can't go to the tds until the deposit is registered. Even if you got a penalty payment of 3 x the deposit value, you still can't go to tds until it is registered!I'm a Forum Ambassador on the housing, mortgages & student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.0
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Gorgeous George and IveSeenTheLight, thanks for correcting one of my fortunately uncommon calculation errors! IveSeenTheLight, sorry about the inaccurate attempt to correct your calculation.
Knowing of a TDS precedent would definitely be handy.0 -
Gorgeous George and IveSeenTheLight, thanks for correcting one of my fortunately uncommon calculation errors! IveSeenTheLight, sorry about the inaccurate attempt to correct your calculation.
Knowing of a TDS precedent would definitely be handy.
No problem mate,
We are all on here to debate and learn from each other.
Sometimes we get it wrong but as long as we learn then its a good thing.
Have a merry christmas and a happy new year:wall:
What we've got here is....... failure to communicate.
Some men you just can't reach.
:wall:0 -
it is my view (*from landlord meetings etc) that if a deposit is registered, and there is a dispute about how much is returnable, then the landlord or tenant can refuse to deal with the arbitration part of the TDS and the matter will still have to go to court.
If the deposit is not registered, then the tenant has to take the landlord to court and the judge has the capacity to award 3 times the deposit to the tenant for non-compliance with the 2004 Act by the landlord.
Even if a deposit was taken by a landlord prior to April 6th 2007, if the tenancy agreement is renewed, the deposit must then be lodged with a TDS.0 -
Agent has telephoned pm today to offer half of disputed amount be returned to me (no mention of registration with the TDS) - this was unacceptable before but suddenly now OK.
I think a letter threatening the County Courts is my next move.:rotfl:
Did you get that in writing - that the LL only wants £50 from your deposit? Your LL may get nastier when they realise there could be a court action brought against them for non registration of the deposit and may fabricate more damages to their property. You can always dispute the £50 deduction from your deposit after you receive the letter, if you know that you haven't damaged the property.RENTING? Have you checked to see that your landlord has permission from their mortgage lender to rent the property? If not, you could be thrown out with very little notice.
Read the sticky on the House Buying, Renting & Selling board.0 -
I beleive you can only claim X3 of the deposit if you are still tenant of the same property if you have moved out you can not.O0
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