0:00 AM, 28th May 2024, About 2 years ago 7
Text Size
Categories:
Hi Everyone, An unusual one here as my tenant engaged solicitors to claim against me, because my agent made a mistake on the AST prescribed information stating the deposit is put in the TDS custodial scheme.
However, I actually used the TDS insured scheme.
Has anyone come across this issue before and could the tenant be successful against me in a deposit claim?
Many thanks
Fraser
“TDS insured is completely free to join. You pay a small fee to protect each deposit, which means you can keep your deposit in your bank account for the duration of the tenancy, keeping the accrued interest.
At the end of the tenancy, you administer the repayment with the tenant. If the tenant disputes any deductions, we provide a free dispute resolution service.”
Every day, landlords who want to influence policy and share real-world experience add their voice here. Your perspective helps keep the debate balanced.
Not a member yet? Join In Seconds
Login with
Previous Article
Landlords and the General Election: Who should we vote for?Next Article
London's rental market shows signs of revival
DAMIEN RAFFERTY
You're Missing Out!
Members can reply to discussions, connect with experienced landlords, and access full member profiles showing years of expertise. Don't stay on the sidelines - join the UK's most active landlord community today.
Not a member yet? Join In Seconds
Login with
Member Since September 2022 - Comments: 176
11:09 AM, 28th May 2024, About 2 years ago
First thing I would do is ring TDS and explain what has happened
You may well need specialist legal help with this
Filsan Ali
You're Missing Out!
Members can reply to discussions, connect with experienced landlords, and access full member profiles showing years of expertise. Don't stay on the sidelines - join the UK's most active landlord community today.
Not a member yet? Join In Seconds
Login with
Member Since May 2024 - Comments: 2
15:29 PM, 28th May 2024, About 2 years ago
I’m not a lawyer so please double check with one but as a self managing landlord, I believe legally if the deposit was registered within 30 days of the commencement of the AST, you should be covered and an administrative error/typo is just that if they were also provided with details of it e.g registration number etc with the prescribed information within that timeframe.
If either was not done within 30 days you maybe in default penalty territory which is between X1 to X3 of deposit amount. The larger amount awarded for more serious negligence/disputes etc.
They won’t get very far if its just down to a typo especially within the same provider and it doesn’t impede their rights to use the scheme for any dispute resolution etc.
Hope this helps. Best of luck!
Fraser Hopewell
You're Missing Out!
Members can reply to discussions, connect with experienced landlords, and access full member profiles showing years of expertise. Don't stay on the sidelines - join the UK's most active landlord community today.
Not a member yet? Join In Seconds
Login with
Member Since May 2024 - Comments: 27
16:01 PM, 28th May 2024, About 2 years ago
Reply to the comment left by Filsan Ali at 28/05/2024 – 15:29
hi thanks, that was my thoughts everything was done on time etc and given registration number etc
Filsan Ali
You're Missing Out!
Members can reply to discussions, connect with experienced landlords, and access full member profiles showing years of expertise. Don't stay on the sidelines - join the UK's most active landlord community today.
Not a member yet? Join In Seconds
Login with
Member Since May 2024 - Comments: 2
16:58 PM, 28th May 2024, About 2 years ago
Reply to the comment left by Fraser Hopewell at 28/05/2024 – 16:01
Great! I’m not sure if TDS would get involved in this matter as they usually deal with tenancy deduction disputes based on inventory reports etc. Once you’ve explained your legal position they should see the genuine futility of their claim but it doesn’t hurt to remind the tenant you’ll be seeking to recover your legal costs arising from court action which you’re entitled to should you win.
It usually reminds the unreasonable of the consequences of frivolous claims or serves to educate the uninformed tenant, saving unnecessary escalation.
DPT
You're Missing Out!
Members can reply to discussions, connect with experienced landlords, and access full member profiles showing years of expertise. Don't stay on the sidelines - join the UK's most active landlord community today.
Not a member yet? Join In Seconds
Login with
Member Since October 2020 - Comments: 1047
11:16 AM, 29th May 2024, About 2 years ago
You may be able to involve the agents redress scheme in this and they may force the agent to cover the cost of the inevitable penalty. You will need to go through the agency’s own complaints service first though.
PH
You're Missing Out!
Members can reply to discussions, connect with experienced landlords, and access full member profiles showing years of expertise. Don't stay on the sidelines - join the UK's most active landlord community today.
Not a member yet? Join In Seconds
Login with
Member Since May 2021 - Comments: 350
12:21 PM, 29th May 2024, About 2 years ago
…and be prepared for the agent to try to wriggle out of any blame
Fraser Hopewell
You're Missing Out!
Members can reply to discussions, connect with experienced landlords, and access full member profiles showing years of expertise. Don't stay on the sidelines - join the UK's most active landlord community today.
Not a member yet? Join In Seconds
Login with
Member Since May 2024 - Comments: 27
19:14 PM, 31st May 2024, About 2 years ago
Yep the agents already wriggled out of it !