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Tenancy Deposit Claim

Started by Lou, October 05, 2017, 01:35:56 PM

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Lou

They wanted £4,500, I offered £1,162.50.
Now they want £4,050.

Hippogriff

#31
Will you move up and do the dance, or stick to your guns? Christmas is coming... I've pointed that out... they'll want this in time for celebrations. Whether 'this' is £4,050 or £3,000 I would imagine doesn't matter much to them, really.

Why did you offer the 50p? What was your rationale behind the figure?

Please remember... without jumping down my throat... you are in the wrong here.

If the deposit was £675 then I might be tempted to come up... maybe to £2,028. It's an awful amount of money to give to people who we assume have suffered no financial loss themselves... but, yes, you did this wrong. You don't want to go to Court, I think, with the added uncertainty. Maybe not to £2,028 straight away, but I would come up (if I could afford it, which I'm going to assume you can).

You. Will. Never. Ever. Make. This. Mistake. Again.
You. Will. Never. Ever. Make. This. Mistake. Again.
You. Will. Never. Ever. Make. This. Mistake. Again.

Write it out... 10,000 times.

Lou

Many thanks for your valuable information.
The 50p came from one and half times the deposit = £1,012.50 plus the £150.00 I deducted from the deposit=£1,162.50.
I have decided to now offer two and half times the deposit = £1,687.50.
If this is rejected which I'm sure it will be....I'm just killing time here, as I am aware they are going on holiday very soon and I believe the tidy sum they are after will go a long way for a family of five to have a very enjoyable holiday.

Hippogriff

Sounds like quite a good plan to me. I agree it's likely to be rejected.

I helped someone get their full deposit back the other day because the Landlord had unilaterally made (in my view unjustified) deductions, but had not protected the deposit. I wrote one short letter to the Landlord, highlighting their non-compliance their best case potential worst case scenario and, lo and behold, a message straight back saying the full deposit would be returned. I then asked the Tenant whether they want to take it even further - as there was an easy win in front of them. To their credit, they said "no, I've got my money back, I'm happy". Not everyone is going to be like that.

hadventure

Keep trying Lou...  after the holiday they'll surely want more money for Christmas - how long can you wait between offers whilst negotiating and keep out of court?

I just protected my tenants deposit with TDS custodial.  Its really annoying that such a transaction cannot complete the same day?!  I entered all of the details, paid with my debit card (since I thought the bank transfer may not be instant - although it usually is).  Sure enough payment processed fine and the money was debited from my account instantly - I thought great, at 'check in' I can given them all the prescribed info including certificate and get them to sign a release form to say they had received it all...  Nope - it takes 3-5 working days to 'process' the payment that was taken instantly from my account and then issue the certificate. 

I cannot see any reason why such a payment and issuing of a certificate cannot happen electronically the same day / instantly. You could then receive the payment, instantly protect it and issue the prescribed information directly all at the same time.  Furthermore why would you have to release the payment and re-protect it each time you renew a tenancy? Why can't it carry over?

I appreciate I'm talking to the wrong people here, but I live in hope some property tycoon with government links may read this and make life a little easier for both tenants and landlords.


Hippogriff

Quote from: hadventure on October 16, 2017, 03:51:56 AMFurthermore why would you have to release the payment and re-protect it each time you renew a tenancy? Why can't it carry over?

Let it go SPT.

Lou

Just an update for everyone who has been very helpful and informative regarding my situation.
My offer of £1,687.50 as been accepted.
I am so relieved to be able to put an end to this.
Thank you everyone for all your advice, a valuable lesson learnt.

Hippogriff

I think we all expected that to be rejected, so this is indeed good news. Well done - if that's not rubbing salt into the wound? I think the relief you have is worth it. A cautionary tale.

Riptide

Good result, a cheap (expensive) lesson learnt.

eps501

Hi all
I am new to the forum. Really glad OP had a good outcome from a potentially much worse situation.
I am wondering if it matters who paid the deposit in a joint tenancy agreement? Eg if one party pays the deposit, it's protected in their name only, can the other party treat  the deposit as if it was theirs if the other left the property? I know the deposit should be released to them when they leave and the other should pay a deposit and it's protected anew - what if this didn't happen and the original deposit was left as it was?
Many thanks in advance for any advice.

Sondstrom

Would you mind sharing the offers you made and what the eventual outcome was? I'm having the same problem now for a tenancy that ended more than two years ago with deposit repaid in full.

Lou

Hi Soundstrom
If you read previous posts, I do give details of the offers I made and what was the eventual outcome.
I do hope you find it useful.
The help and advice I received by everyone was most welcome.
Hopefully you will reach an outcome you are happy with.
It is hard to believe that tenants can make a claim up to six years after they have vacated a property!!
I have learnt the hard way and I do now put deposits in a TDS.