Sunday, August 3, 2014

Rental Dispute - TDS Adjudication - Getting Money Back from Deposit

All landlords please be reminded that it is your responsibility as a landlord to ensure that your tenant's deposit is protected.  Read this page on Tenancy Deposit Protection for more information. If you’re in a dispute with your landlord, then your deposit will be protected in the TDP scheme until the issue is sorted out.

In our case, our lettings agents will deal with this issue for us.  However, remember to ask for written evidence that the tenant's deposit has been properly deposited.  We have been cheated before by wayward lettings agents before, who told us that the deposit was protected when it was not.

This post deals with our dispute with a tenant and how it was resolved.

Background to Dispute
The tenancy in one of our flats was ending.  Towards the end, this tenant who had otherwise been a very good tenant the past couple of years, suddenly did not co-operate.

Unpaid Utility Bills
Our lettings agents informed us that the tenant did not fully pay the utility bills.  The outstanding amount was about £522.

Rent Arrears 
The tenant also refused to pay the rent for the final 10 days of the tenancy, which amounted to about £280.

Simple enough?  We think so.  Therefore, after the tenant left, we had to quickly file a case with the Tenancy Deposit Scheme Dispute Service, to claim these amounts from the tenant.  Otherwise, the TDS will remit the deposit to the tenant directly and we would have no recourse to claim any money from the tenant.

The Process 
The process of filing the claims as well as doing the paperwork was relatively simple for us.  Most importantly, we had a very good lettings agent who helped us along the way.  You need to provide documentary evidence to the TDS Dispute Resolution Service, e.g. rental agreement, utility bills, details of correspondence etc; otherwise your case may be hindered

I append the final adjudication outcome (taking away personal details) for your reference . It is a short document but interesting to read!  Happy Investing!








No comments:

Post a Comment