TDS deposit dispute
Discussion
Hi,
I've just moved out of a rented place and the agency is trying to charge me for things that I don't agree with. Whose responsibility is it to raise this as a dispute with the TDS? I looked at thte form which is 7 pages and think the agency should be raising this as it's them who want to deduct the money.
The site says it must be raised as a dispute within 20 working days. If I don't raise it and they don't, what happens?
Thanks for any advice please :-)
I've just moved out of a rented place and the agency is trying to charge me for things that I don't agree with. Whose responsibility is it to raise this as a dispute with the TDS? I looked at thte form which is 7 pages and think the agency should be raising this as it's them who want to deduct the money.
The site says it must be raised as a dispute within 20 working days. If I don't raise it and they don't, what happens?
Thanks for any advice please :-)
Well if you disagree, then it's you that should raise the dispute. They are deducting money from your deposit, which you paid for that reason, if YOU are disputing what they believe to be something worthy of keeping money for then it is YOU that needs to raise it. It wont be that much effort to fill in 7 pages, you should see some of the forms I have to fill in, 30+ with evidence for a million things also....
I've had a similar problem and I've escalated my situation to the TDS. I can give you some advice if you like? They say that if you get all the paperwork to them they will make an impartial decision within 10-15 days....(they tend to favour the tenants though, and it wont cost you anything, however it will cost the landlord something - just membership fees I seem to remember).
The amount in dispute for me was £1300 so after discussing with the letting agents and the auditors, I sent my application to the TDS, as I didnt want to lose that much money!
I have, however, been waiting for 5 months! (due to problems out of my hands).
Do you have any specific questions?
The amount in dispute for me was £1300 so after discussing with the letting agents and the auditors, I sent my application to the TDS, as I didnt want to lose that much money!
I have, however, been waiting for 5 months! (due to problems out of my hands).
Do you have any specific questions?
Hey thanks for your help folks :-)
It's not just the 7 pages, it's the large list of things I need to produce as well such as lots of differetn paperwork etc.
The other thing that worried me is that the TDS form says and indeed I'd need to sign to the effect that I agree to go along with their findings. I'd personally rather take this to the small claims court and am confident I'd win. I worry about submitting it to a dispute service that I haven't heard of or had experience of.
Also, if I or the landlord doesn't submit a dispute within 20 working days, what happens?
It's not just the 7 pages, it's the large list of things I need to produce as well such as lots of differetn paperwork etc.
The other thing that worried me is that the TDS form says and indeed I'd need to sign to the effect that I agree to go along with their findings. I'd personally rather take this to the small claims court and am confident I'd win. I worry about submitting it to a dispute service that I haven't heard of or had experience of.
Also, if I or the landlord doesn't submit a dispute within 20 working days, what happens?
Hi Sarah, Rich pointed me towards your thread.
First things first.
Do you have an inventory or did they carry one out before you moved in and did you agree with it?
If yes to the above, the things they have mentioned are they apparent on the inventory? as sometimes we as agents do miss things out but that is why we ask you to agree with the inventory once you have checked it. If they are bringing something up that does not exsist they will HAVE to prove that you have caused the damage so if they have not mentioned it in the inventory how can they prove that you caused the damage. Technically they should also have taken visual prrof of the damage previous to your residence. Again if they did not they will struggle as and when it goes to the ICE (indipendant case examiner) We have had about 3 cases goto the ICE and 2 of them have been kicked out either due to lack of evidance or a glitch in the paper work so your cances maybe good if it goes that far. But the question i have to ask is what is it that they/you are disputing?
As to who should file the dispute...
Have you disputed the amount on the TDS website with your ID? If so the next step is for you, the agent, and the landlord to try to resolve with out going to the ICE first, then if there is no resolution then it should go to the ICE as to who should register the dispute well that depends if your bothered about getting the deposit back asap? if not then leave it to them to get the money they are claiming.
PM me if you wish and i will try to help as much as i can.
Regards
Matt
as a side note genrally the stats say that the disputed amount when resolved is usually less than previously stated. The agent will also need to prove via recipts what work has been carried out and the exact pricing. But they also have to take into account fair wear and tear.
First things first.
Do you have an inventory or did they carry one out before you moved in and did you agree with it?
If yes to the above, the things they have mentioned are they apparent on the inventory? as sometimes we as agents do miss things out but that is why we ask you to agree with the inventory once you have checked it. If they are bringing something up that does not exsist they will HAVE to prove that you have caused the damage so if they have not mentioned it in the inventory how can they prove that you caused the damage. Technically they should also have taken visual prrof of the damage previous to your residence. Again if they did not they will struggle as and when it goes to the ICE (indipendant case examiner) We have had about 3 cases goto the ICE and 2 of them have been kicked out either due to lack of evidance or a glitch in the paper work so your cances maybe good if it goes that far. But the question i have to ask is what is it that they/you are disputing?
As to who should file the dispute...
Have you disputed the amount on the TDS website with your ID? If so the next step is for you, the agent, and the landlord to try to resolve with out going to the ICE first, then if there is no resolution then it should go to the ICE as to who should register the dispute well that depends if your bothered about getting the deposit back asap? if not then leave it to them to get the money they are claiming.
PM me if you wish and i will try to help as much as i can.
Regards
Matt
as a side note genrally the stats say that the disputed amount when resolved is usually less than previously stated. The agent will also need to prove via recipts what work has been carried out and the exact pricing. But they also have to take into account fair wear and tear.
Between you and the agent can't you just refer to the inventory that should outline every room in detail and with photos? If it's not in the inventory or in a photograph they haven't got a leg to stand on, hence the detailed inventories they carry out.
You can then compare the claims with the proof...
You can then compare the claims with the proof...
Hi Matt,
When I moved in, the inventory was done to a poor standard with lots of dirt and damage to items missed and I asked them to redo it. They refused but invited me to send in additions which I did. There are various items in dispute namely and they've now refunded all but $220 of the deposit:
1. Carpets need steam cleaning
2. Skirting boards need dusting
3. Bathroom fan needs dusting
In their own original inventory they marked the hall carpet as being dirty, the bathroom skirting boards as being grubby and dirty and just put down that a fan existed (no comment on cleanliness). I produced approximately 30 additions to their original inventory, a lot of which were for dirt and dust
On leaving the caprets were spotless (okay, not steam cleaned, but this wasn't in the rental contract and they were marked as being dirty on taking the property) and as the property is emmpty still I've invited them to produce a photo of any skirting boards with dust on as I personally cleaned all of them and know they're spotless. When the guy carried out the checkout with me, he didn't comment on any of these items then. They've also failed to produce any photos of any of this claimed damage.
My attempts to resolve this in asking for photographic evidence have been ignored and I'm happy to wait indefinitely for the 220 back, but not keen on doing all of the paperwork to raise a dispute as this is ridiculous and they're failing to cooperate with me. If I don't raise it, will they need to raise it or will I lose out on the money?
Thanks ever so much for your help on the forum :-)
Sarah
When I moved in, the inventory was done to a poor standard with lots of dirt and damage to items missed and I asked them to redo it. They refused but invited me to send in additions which I did. There are various items in dispute namely and they've now refunded all but $220 of the deposit:
1. Carpets need steam cleaning
2. Skirting boards need dusting
3. Bathroom fan needs dusting
In their own original inventory they marked the hall carpet as being dirty, the bathroom skirting boards as being grubby and dirty and just put down that a fan existed (no comment on cleanliness). I produced approximately 30 additions to their original inventory, a lot of which were for dirt and dust
On leaving the caprets were spotless (okay, not steam cleaned, but this wasn't in the rental contract and they were marked as being dirty on taking the property) and as the property is emmpty still I've invited them to produce a photo of any skirting boards with dust on as I personally cleaned all of them and know they're spotless. When the guy carried out the checkout with me, he didn't comment on any of these items then. They've also failed to produce any photos of any of this claimed damage.
My attempts to resolve this in asking for photographic evidence have been ignored and I'm happy to wait indefinitely for the 220 back, but not keen on doing all of the paperwork to raise a dispute as this is ridiculous and they're failing to cooperate with me. If I don't raise it, will they need to raise it or will I lose out on the money?
Thanks ever so much for your help on the forum :-)
Sarah
Sarah as Oggs said, take it to the TDS/DPS they really are trying it on and i would but alot on it being kicked out by the ICE. they have to provide proof and it sounds like they have non, it would be the same as you accusing me of stealing your car wthout any eveidence and the CPS would kick it out of court on lack of proof etc, pretty much works the same with the deposit schemes. there is not much paper work to do, there is more for the agent to do than, you and if they have been thought the process before I think they will give in as its not always worth the hastle. (but please rember, as a lot of tenants dont, we work on behalf of the landlord and we can only advise but have to take instruction from the landlord and do as they wish us to do so its not always the agents fault!!)
HTH
Matt
HTH
Matt
Thanks folks. Just two last questions:
1. When I submit the dispuute, I have to confimr that I'll abide by the adjudicators decision. This worries me as I don't want to lose part of the deposit and presumably if I did, I would be waiving a right to pursue this in the small claims court. Is this correct?
2. I still like the idea of the landlord raising the claim as without any photos etc it makes it hard for them to make a case, plus I can then make my defence appropriately around their arguement, instead of trying to put a defence and then they get to put their case after it. What happens if I leave this - will they have to raise a dispute or could I lose out?
1. When I submit the dispuute, I have to confimr that I'll abide by the adjudicators decision. This worries me as I don't want to lose part of the deposit and presumably if I did, I would be waiving a right to pursue this in the small claims court. Is this correct?
2. I still like the idea of the landlord raising the claim as without any photos etc it makes it hard for them to make a case, plus I can then make my defence appropriately around their arguement, instead of trying to put a defence and then they get to put their case after it. What happens if I leave this - will they have to raise a dispute or could I lose out?
Gassing Station | Homes, Gardens and DIY | Top of Page | What's New | My Stuff