TDS Dispute

[tickle]

Today I have received an email from TDS to say I have been awarded the full amount of the deposit. More than half of the deposit will be used to pay for the cleaning and the rest is for damages. The adjudications report states that as the full deposit had been awarded some of the damages and unpaid bills could not be considered.

Can I accept the full amount of the deposit and then make a claim to the smalls claims court for the unpaid utility bills and the damages that have not been considered or if I accept the deposit does that mean the matter is closed.

Thanks in advance for any advise.

[Paul_f]

TDS can only award you what is holds. Anything else had to be claimed via the courts usually so put in a MCOL providing you can trace your ex-tenants.

Outstanding utility bills should not be your problem as the contract is between the supplier and the consumer, and you are neither. You should have no liability to pay these.

[sherifffatman]

go moneyclaimonline and get your money back
if the tenant still owes you, they owe you
make sure you have all your paperwork in order first
sounds like you should be right if you've beaten the tds

[Snorkerz]

Outstanding utility bills should not be your problem as the contract is between the supplier and the consumer, and you are neither. You should have no liability to pay these.

I agree totally with this. However, if you need to find your tenants to start proceedings against them, there are companies that advertise on here and can find your tenant from around £36 no-find-no-fee.

[tickle]

I totally agree about the utility bills, however a meter reading was taken at check out by my daughter and the agent, a reading was taken two days later by the new agents with a difference of 20 units which I have paid for but the tenant gave the utility company a completely different reading (much lower) and now the utility company have said they cannot accept third party readings (myself and the agent) and the dispute is between myself and the tenant.

[tickle]

I know where the tenants are as the gentleman is in the RAF and posted to the UK for three years.

[Snorkerz]

Lesson learned - next time a tenant checks out, make sure their meter readings are shown on the inventory and YOU give them to the utility company when you take over the supply.

[tickle]

They are on the inventory and I did ring the utility company the day they moved out as far as I was concerned it was sorted. Six weeks after the tenants moved out a court action letter arrived on the doorstep for my new tenant.

I have rung the utility company and they have on file my readings but say they cant accept them as the tenants disputed them, i have even argued the fact that an empty house for two days (whilst being cleaned etc) for new tenant could not have used £300 worth of electricity and the readings I gave compared to the readings my new agency gave are more realistic to the amount that was used.