Has anybody been awarded 3x their deposit because of TDS?

IveSeenTheLight

ali82 wrote: »

Hi the interest goes to the administrators for the running of the scheme.

I'm bring my case to court in the new year, my landlords don't believe me about the whole scheme they think they will be able to justify themselves as they are alleging damages but they don't seem to understand that the lack of a protected deposit overrides any deductions for damages as this is the whole point to the T.D.S is to resolve these types of disputes.

I shall keep you all posted, as we are definitely taking it to court. I am submitting a N208 form by the way.

Thanks

Are you saying that there are damages caused by yourself, however you believe you can get away with not paying the damages given that the landlord did not secure the deposit?

Sounds to me like its possible that you have damaged their property and are trying to get away with it.

If it is the case and the deposit was secured, I guess you would not be going to court to dispute the damages?

Apologies if this is not the case but it is how it come across from your post as you are not denying the damages.

ali82

Hi

Only one damage is justified and I have offered to pay for which was some holes in the wall from picture hooks that did not cover up properly this would probably cost £50 max to get someone to fill them in and repaint the area, she already has got and extra £100 from us not from our deposit.

She is also saying that we broke a table and it is wobbly; it has always been like this she just never noticed due to it's location but since we moved it from a corner that was holding it up she thinks that we have broken it, also she is saying we broke a bed, it is not broken the slats just need to be spaced out evenly. She is trying to withhold £1200 for this and they are not broken.

If the deposit was secured then that would be good as we can dispute the matter through the T.D.S which is what we would have liked to have happened but since it hasn't been and she has our money she just tells us though were not getting it and that’s that!

I have spoken to T.D.S and this is what I have been told so I will be taking it to court. £100 is more than enough to cover our damages (the holes) but the rest is not damaged.

The tenancy was taken out in July 07 and we agreed to end it early.

Thanks

scrummy_mummy_2

If the LL has failed to protect the deposit in accordance with the new rules (which it looks like they have) then taking them to court is your entitlement, and, according to the rules, you could claim 3X your deposit back from them....I am not aware of any actual tested rulings on these matters as yet though, yours may well be one of the very first test cases!

Let us know how you get on though won't you?

Loretta

scrummy_mummy wrote: »

If the LL has failed to protect the deposit in accordance with the new rules (which it looks like they have) then taking them to court is your entitlement, and, according to the rules, you could claim 3X your deposit back from them....I am not aware of any actual tested rulings on these matters as yet though, yours may well be one of the very first test cases!

Let us know how you get on though won't you?

Because of my business I am in daily contact with this sort of thing, one of the agents I deal with has just passed their first case to the tenants protection scheme because of a dispute. I would be very interested to hear the outcome of yours.

I presume that you that you claim through the scheme first for the amount of deposit that you think you are entitiled to and then claim for 3x the amount of the whole deposit because your L/L did not deposit it in the scheme.

Do update us I am interested

speedtwin

I believe you can only claim X3 the value of the deposit if you are still living in the property if not you cant.

MissMoneypenny

speedtwin wrote: »

I believe you can only claim X3 the value of the deposit if you are still living in the property if not you cant.

Will you post the link to that please.

MissMoneypenny

RabbitMad wrote: »

"What if your landlord isn’t protecting your deposit? You can apply to your local county court. The court can order the landlord or agent to either repay the deposit to you or protect it in a scheme. If your landlord or agent has not protected your deposit, they will be ordered to repay three times the amount of the deposit to you."
http://www.direct.gov.uk/en/TenancyDeposit/DG_066373

What I want to know is - has anybody been given the 3 times their deposit yet?

I recognise my work.

MissMoneypenny

speedtwin wrote: »

I believe you can only claim X3 the value of the deposit if you are still living in the property if not you cant.

I have just read that part of the 2004 Housing Act and it doesn't appear to be timed barred. It also seems it doesn't have to be the tenant who takes the LL to court either. It could be a person who loaned/gave the tenant the money.
http://www.opsi.gov.uk/acts/acts2004/ukpga_20040034_en_19

clutton_2

its my understanding that if there is a dispute re the return of the deposit at the end of the tenancy, then if both tenant and landlord agree to use the Scheme Arbitration service, then the dispute can be resolved one way or the other.

HOWEVER, neither party is obliged to agree to use the Arbitration scheme - this means that tenants are still in exactly the same position as they were prior to this 2004 Act - in so far as if a landlord refuses to return a deposit and refuses to engage with arbitration - the tenant then has no choice other than to apply to court. Landlords bodies argued long and hard during Consultation processes prior to 2004 that this was a backward step as far as tenants rights were concerned, but, government took no notice.

It is my understanding that the only way a tenant can be awarded 3 times his/her deposit is by a court order - if you think about it - this is the only way a tenant can, realistically, get deposit reimbursement from a difficult landlord.

Is there an inventory here ?

speedtwin

MissMoneypenny wrote: »

Will you post the link to that please.

From the DPS website

b) Fine
Tenants can apply for a court order requiring the landlord to safeguard the deposit and supply the prescribed information about the scheme in which it is held, or to return the deposit to the tenant(s). Where the court believes the landlord has failed to comply with these requirements, or the deposit is not being held in an authorised scheme, the court will order the landlord to either repay the deposit within 14 days, or pay the deposit into a scheme. The court will also fine the landlord three times the deposit amount, payable to the tenant within 14 days.

My view would be, you can not be the tenant if you if you are not living there any more. You are no longer the tenant

I suppose the ex-tenant could still apply for a court order and it would be for the judge to sort out.