trafford Posted August 14, 2009 Report Share Posted August 14, 2009 In accordance with their terms and conditions, my letting agents undertook to hold my tenants deposit as stakeholder under the TDSL (now mydeposits.co.uk) Scheme. The agents advised that upon registering the deposit TDSL would issue to the tenant certification that their deposit monies are registered and protected. At the end of the tenancy the agents confirmed that the deposit was protected with TDSL in line with government regulation. I did not authorise the return of the deposit as unfortunately, my tenant left owing rent for which I have a county court judgement (the majority of which has been satisfied/paid) I have been unable to agree with the tenant the amount of dilapidations. My tenant then advised me that they had contacted TDSL (mydeposits) who advised that the deposit was not registered. I checked the position with my agents who verbally confirmed that this was true. They have written to me to confirm that the deposit was held in their client account. I then authorised the immeadiate repayment of the deposit to the tenant. The tenant has now issued county court proceedings against me for 3 times the deposit!!! as I had not registered the deposit. Does anyone have any ideas or know of a solicitor with experience in this matter? Link to comment Share on other sites More sharing options...
Simon Dewsberry Posted August 14, 2009 Report Share Posted August 14, 2009 YET another daily eg of the sheer incompetance displayed by the avarage LA... In future either do it yourself or request copy of cert for yourself as well. Check your LA/LL agreement and see what you have to use ..if they obligate themselves to protect it then sue them for any/all losses regarding this. Any general purpose solicitor will advise. As dep has been repaid in full ? then the T case is a lot weaker but not dead. The Rodent Link to comment Share on other sites More sharing options...
trafford Posted August 14, 2009 Author Report Share Posted August 14, 2009 Thank you Rodent. Yes I will now deal with deposits myself. The deposit was repaid in full. Therefore the tenant has not 'lost out' If I loose the case, then yes I will have to sue the LA. More aggravation, costs, time etc I find it difficult to believe that the legislation was intended to provide a 'windfall' to tenants. Surely, it was to 'protect' their deposit?. There must be hundreds if not thousands of tenants who could use this legislation to get such a 'windfall' where deposits are not registered, or more likely not registered in time or prescribed information was not give in time! Link to comment Share on other sites More sharing options...
J4L Posted August 16, 2009 Report Share Posted August 16, 2009 YET another daily eg of the sheer incompetance displayed by the avarage LA... The Rodent You really really must have had some bad experiences of Agents Rodent, I don't think I've EVER seen a positive comment from you!! haha Link to comment Share on other sites More sharing options...
Simon Dewsberry Posted August 16, 2009 Report Share Posted August 16, 2009 Nope ...dont use them ...but do spend a lot of time hearing, seeing and reading about the many problems that occur on a daily basis. Along with assisting new t of mine to extricate themselves away from idiot LA's, Also I deal with many during the course of my retail business. I went on a LL accreditation course recently where several LA attended ...that really opened my eyes ...clueless boots spring to mind, some of these didn't have the first idea of what they were doing, with one being shocked that a CP12 was required in anything other than a commercial property ..doh.. The levels of incompetence that i continue to witness are truly staggering. I'm sure some of them can do a half decent job ..but never IME the full package. Link to comment Share on other sites More sharing options...
J4L Posted August 16, 2009 Report Share Posted August 16, 2009 Nope ...dont use them ...but do spend a lot of time hearing, seeing and reading about the many problems that occur on a daily basis. Along with assisting new t of mine to extricate themselves away from idiot LA's, Also I deal with many during the course of my retail business. I went on a LL accreditation course recently where several LA attended ...that really opened my eyes ...clueless boots spring to mind, some of these didn't have the first idea of what they were doing, with one being shocked that a CP12 was required in anything other than a commercial property ..doh.. The levels of incompetence that i continue to witness are truly staggering. I'm sure some of them can do a half decent job ..but never IME the full package. To some extent I have to agree with you. I went on a seminar a few weeks ago where a very large solicitors firm were explaining S8 & S21 routes and eviction processes beyond serving notices etc. There were at least FIVE large agents represented in the room and at least another 4 smaller agents. The speaker asked TWO questions regarding section 21's and dates etc, one was served in a fixed term and the other periodic, guess how many Agents got the correct answer???? Yup ONE!!! I'll leave it to you to decide who that was! To be fair I feel accreditation courses and seminars should all be banned because as long as these idiots are out there I'm cleaning up in this area!! haha Link to comment Share on other sites More sharing options...
partrim Posted August 19, 2009 Report Share Posted August 19, 2009 How on earth are they justifying sueing you for three times the deposit value? Link to comment Share on other sites More sharing options...
Simon Dewsberry Posted August 19, 2009 Report Share Posted August 19, 2009 How on earth are they justifying sueing you for three times the deposit value? No justification required - the law is clear - 3x dep as penanlty PLUS dep rtned. Link to comment Share on other sites More sharing options...
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