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Another Deposit Protection Thread


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HOLA441

Sequence of events

1) Started an AST in 2005 so prior to the obligatory use of TDS (started 2007 I think).

2) Continued as a rolling contract when the initial year was up

3) Deposit was subsequently placed in a TDS in 2010 and I have the certificate.

4) I moved out at the start of the month

5) Landlord won't give me anything back at all for spurious wear and tear reasons

6) I dispute this, so we sent it to the TDS to adjudicate but they tell us that they won't adjudicate as they say the tennancy is a "Non Housing act tenancy".

I am not really sure I understand what they mean by point 6 as we have a TDS certificate.

Anyone been in a similar situation ?

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HOLA442

Sequence of events

1) Started an AST in 2005 so prior to the obligatory use of TDS (started 2007 I think).

2) Continued as a rolling contract when the initial year was up

3) Deposit was subsequently placed in a TDS in 2010 and I have the certificate.

4) I moved out at the start of the month

5) Landlord won't give me anything back at all for spurious wear and tear reasons

6) I dispute this, so we sent it to the TDS to adjudicate but they tell us that they won't adjudicate as they say the tennancy is a "Non Housing act tenancy".

I am not really sure I understand what they mean by point 6 as we have a TDS certificate.

Anyone been in a similar situation ?

Cannot answer your particular question but:

(1) After 8 years almost anything must be reasonable wear and tear.

(2) Go through the courts. It's cheap, and even the threat will probably be enough for you to get your deposit back.

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HOLA443

I've found the small claims court very good at recovering bond deductions. Just a few suggestions if you do end up going down that route

1. Document everything. Buy a notebook just for this.

2. Send registered letters. Don't let your LL do this by phone. If they do, document each call.

3. Give your LL plenty of opportunity to remedy the situation. Show this in the above. Warn them, for example that you will take action in the small claims court if they don't pay.

4. Don't let them get you angry or demoralised or intimidated. One LL rang us to slag us off all the time. This was exhausting so it diverted me from what needed doing. When I refused to talk to him he got a lawyer to try and intimidate me.

5. Keep all the paperwork and photos you have. Things like the original AST and inventory

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