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Shortfall Shorthold

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  1. Thank you very much for all your responses .... very helpful Can I just clarify your point 4 though .... I've heard that if I "accept" any amount (i.e. £500) and that I seek the remainder, say the £200 scenario, then would the Court only order 3x the £200 value as I have "accepted" the £500 and therefore deposit due becomes £200? Do you know if this is the case? This is why when sending the LBA should I categorically reject their offer and return the cheque and state that I will only accept the £600 out-of-court figure (and nonthing less) otherwise I will be going for the full £700 x 3 + fees etc through the S214 route Thanks again
  2. Hi I'm in a similar situation where my LL has not secured my deposit in a TDS. I have been out of the property for about a month and am trying to get back what I deem to be a fair amount. I paid a deposit of £700 and stated that I would be happy with £600 back for some minor damages that I had caused (they have written confirmation stating my requested figure). They are adamant on only returning £500. They offered me a cheque for £500 in person during the final inspection which I declined and they have since sent me a cheque for the same amount threatening higher labour fees to remedy my damages should I take them to court. It is only through online investigatory work that I have since found out about the TDS scheme and more importantly that they have not protected my deposit in such scheme. I have requested the prescribed information that I was entitled to which they have not been able to provide and they tell me in the most recent correspondence that as I am no longer the tenant the S213/214 does not apply. Is this so? My questions therefore are as follows: Do I send the cheque back to them to demonstrate my non-acceptance Do I make claim in the County Court for (£600 + interest x 3) + fees etc - i.e. the £600 that I was originally prepared to accept OR Do I just make a claim for full amount of £700 + interest x 3 + fees Do I mention in my claim form that I have received two offers of the same amount that I have declined No inventory was made and we did not go through a letting agent In relation to the court hearing, I am suing them for not registering with TDS and failure to protect my deposit .... do they then have a right to ask the court to make deductions for the damage, or is failure to register set as being full deposit x 3 regardless of any damage to property. Also, if they are allowed to have deductions for works, am I entitled to have my own quotations and appoint my own chosen contractor to undertake remedial works Sorry for long-winded email and more so if my questions have been answered elsewhere but your advice would be very much appreciated From a majorly Disgruntled Tenant SS
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