LandlordZONE

27

Aug, 2014

Wednesday

Results 1 to 8 of 8

Thread: TDS Dispute

  1. #1

    Default TDS Dispute

    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.

  2. #2
    Join Date
    Feb 2005
    Location
    Hampshire
    Posts
    6,055

    Default

    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.
    The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

  3. #3
    Join Date
    Oct 2008
    Posts
    178

    Default

    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

  4. #4
    Join Date
    Jul 2008
    Location
    help@tenancyservices.co.uk
    Posts
    15,862

    Default

    Quote Originally Posted by Paul_f View Post
    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.

  5. #5

    Default

    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.

  6. #6

    Default

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

  7. #7
    Join Date
    Jul 2008
    Location
    help@tenancyservices.co.uk
    Posts
    15,862

    Default

    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.

  8. #8

    Default

    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.

Similar Threads

  1. Deposit dispute.... Reply to LL or go to Dispute?
    By justaboutsane in forum Residential Letting Questions
    Replies: 7
    Last Post: 28-08-2012, 08:59 AM
  2. Deposit Dispute
    By sparcus52 in forum Residential Letting Questions
    Replies: 5
    Last Post: 07-02-2012, 14:52 PM
  3. Dispute RTM
    By hollyhead in forum Long Leasehold Questions
    Replies: 3
    Last Post: 03-02-2011, 14:17 PM
  4. Tds dispute
    By Poppy35 in forum Residential Letting Questions
    Replies: 2
    Last Post: 04-11-2010, 14:51 PM
  5. dispute
    By ali4ik in forum Residential Letting Questions
    Replies: 4
    Last Post: 19-06-2009, 09:22 AM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •