Ms Alina Maria Checherita Contract
Ms Alina Maria Checherita Contract
A.1 This information is prescribed under the Housing Act 2004. That means that the two parties to the Tenancy
Agreement must be made aware of their rights during and at the end of the Tenancy regarding the protection of and
deductions from the Deposit.
88 Clifton Road,
Cambridge,
CB1 7BN
A1.8 Address for contact after the Tenancy ends (if known):
any damage, or compensation for damage, to the premises its fixtures & fittings or for missing items for
which the Tenant may be liable, subject to an apportionment or allowance for fair, wear and tear, the age
and condition of each and any such item at the commencement of the Tenancy, insured risks and repairs
that are the responsibility of the Landlord.
the reasonable costs incurred in compensating the Landlord for, or for rectifying or remedying any major
breach by the Tenant of the Tenant's obligations under the Tenancy agreement, including those relating to
the cleaning of the premises, its fixtures and fittings. The Agent can apply an administration charge of
10% of the cost of any works that may need to be arranged to reinstate the property to its original
condition.
any unpaid accounts for utilities or water charges or environmental services or other similar services or
Council tax incurred at the Property/premises for which the Tenant is liable
any rent or other money due or payable by the Tenant under the Tenancy agreement of which the Tenant
has been made aware and which remains unpaid after the end of the Tenancy
A1.13 The Procedure for instigating a dispute regarding deductions from the Deposit at the end of the Tenancy is
summarised in What is the Tenancy Deposit Scheme?, which is attached to this document. More detailed
information is available on: www.thedisputeservice.co.uk
A1.14 TDS are specifically excluded under Statutory Instrument for adjudicating where, despite making reasonable
efforts to do so, the Landlord or the Agent are unable to contact the Tenant, or The Tenant is unable to contact the
Landlord. Under these circumstances, the member must do the following:
Make every practical effort, over a reasonable period of time for no longer than it would take ICE to resolve
a dispute, to contact the (ex) Tenant/Landlord using information readily available Determine dilapidations,
rent arrears and any other prospective deductions from the deposit as they would normally do
Allocate the deposit, pay the party who is present as appropriate, and transfer the amount due to the absent
Tenant/Landlord to a suitably designated “Client Suspense (bank) Account"
A1.15 A formal record of these activities should be made, supported by appropriate documentation.
A1.16 Following sufficient time (usually at least six years) having elapsed from last contact from the absent
Tenant/Landlord the Member may then donate the amount allocated to them to a suitable registered charity - subject to an
undertaking that any valid claim subsequently received by the Member from the beneficial or legal owner would be
immediately met by the Member from its own resources.
A1.17 Should the absent Tenant/Landlord return within that period and seek to dispute the allocation of the deposit, the
ICE may offer to adjudicate.
The Landlord confirms that the information provided to the Agent (delete if Landlord) and the Tenant is accurate to the
best of his knowledge and belief and that the Tenant has had the opportunity to examine the information.
The Tenant confirms he has been given the opportunity to examine this information. The Tenant confirms by signing this
document that to the knowledge of the Tenant the information above is accurate of his knowledge and belief.
Deductions may be made from the Deposit according to clauses 6.1 – 6.6 of the Tenancy Agreement attached. A leaflet
explaining how the Deposit is protected by the Housing Act 2004 will be provided to the Tenant by the person holding
the Deposit being the Lanlord.
The holder of the Deposit will register the Deposit with and provide other required information to the Tenancy Deposit
Scheme within 30 days of the commencement of the Tenancy or the taking of the Deposit whichever is earlier and
provide proof to the Tenant of compliance. If the holder of the Deposit fails to provide
proof within 30 days the Tenant should take independent legal advice from a solicitor, Citizens Advice Bureau (CAB) or
other housing advisory service.
The procedure for instigating a dispute regarding deductions from the Deposit at the end of the Tenancy is explained in
clauses A 2.1 – A 2.13 shown below. No deductions can be made from the Deposit without written consent from both
parties to the Tenancy.
1. When the landlord and tenant agree how the deposit should be returned, in full or in part, it must
be paid back within 10 working days. Failure to return the deposit within the specified period will be grounds for
the Tenant to refer the matter directly to the Independent Case Examiner (“ICE”).
2. The Member must tell the Tenant as soon as practicable at the end of the tenancy if they propose
to make any deductions from the Deposit.
3. The Tenants should make their best endeavours to inform the Agent/Member if they wish to raise
a dispute about the deposit within 20 working days after the lawful end of the tenancy and vacation of the
property. The Member/Agent has a maximum of 10 working days to resolve the dispute.
4. It is not compulsory for the parties to refer the dispute to the ICE for adjudication. They may, if
they choose, seek the decision of the Court. However, this may take longer and may incur further costs.
Judges may, because it is a condition of the Tenancy Agreement signed by both parties, refer the dispute
back to the ICE for adjudication. If the parties do agree that the dispute should be resolved by the ICE,
they must accept the decision as final and binding.
5. The Landlord or the Tenant can instigate a dispute by completing the Notification of
Dispute form (TDS.2) and submitting it to the ICE. The form can be downloaded from the website
www.tds.gb.com or be obtained directly from The Dispute Service Ltd at the address or telephone number
specified in clause 6.7 of the attached Tenancy Agreement.
6. If the Agent/Member instigates a dispute they must send with the Notification of Dispute to the
TDS the full deposit, less any amounts already agreed by the parties and repaid. Where one of the parties to
the Tenancy raises the dispute, the Agent/Member must send the deposit or the balance in dispute together
with the relevant evidence being a copy of the tenancy agreement, inventory and schedule of condition, any
check in or check out report, correspondence and invoices or estimates within 10 days of being told that a
dispute has been registered with TDS whether or not the Agent/Member or the other party want to contest it.
Failure to do so will not delay the adjudication but the TDS will take appropriate action to recover the
deposit and discipline the Agent/Member.
7. The sum in dispute must be remitted to The Dispute Service Ltd within 10 days of being
requested to do so, whether or not the parties wish the ICE to resolve the dispute.
8. The ICE will aim to resolve the dispute within 28 days of receiving the final documentation that is
once all the evidence considered necessary has been gathered or requested and a suitable time period has
been allowed for submission.
9. TDS will pay out the money within 10 working days of the decision of the ICE or instruction of the
court as appropriate.
10. The time-scale specified may be varied at the discretion of the ICE if he considers it necessary
to seek legal or other expert advice, or in exceptional circumstances which affect the ability of either party
to the Tenancy being able to provide information promptly.
11. The Agent/Member and the parties to the Tenancy must co-operate with the ICE in the
consideration of the dispute and follow the recommendations of the ICE concerning the method of resolution of the
dispute.
12. If one party raises a dispute with TDS the TDS will contact the other party giving a right to reply
within 10 days. If the other party fails to reply TDS will make their adjudication and decision upon the
information already held and find accordingly for the party raising the dispute.
13. If the Landlord are unable to contact the Tenant despite making reasonable efforts
to do so, or the Tenant is unable to contact the Landlord or the Agent despite making reasonable efforts to
do so, action must be taken through the County Court system to get a judgement for the return of or
deductions from the Deposit because TDS are specifically excluded under the Statutory Instrument from
adjudicating under these circumstances.
14. The time limit for sending a dispute to the TDS for Alternative Dispute Resolution will be 3
months from the end of the Tenancy in all cases. If no claim for ADR has been submitted within 3 months
after the end of the Tenancy, the parties will need to negotiate a settlement or use some other means of
resolving their dispute.
The Landlord confirms that the Tenant is accurate to the best of his knowledge and belief and the Tenant has had the
opportunity to examine the information.
The Tenant confirms he has been given the opportunity to examine this information. The Tenant confirms by signing this
document that to the knowledge of the Tenant the information above is accurate to the best of the Landlord's knowledge
and belief.
The deposit is safeguarded by the Tenancy Deposit Scheme, which is administered by:
Tenancy Deposit Scheme
The Dispute Service Ltd
Phone: 0300 037 1000
Email: [email protected]
Website: www.tenancydepositscheme.com Fax:
01442 253 193
If you are in any doubt about the content or effect of this Agreement, we recommend that you seek
independent legal advice before signing.
This Agreement creates an Assured Shorthold Tenancy (AST) as defined by the Housing Act 1988, (as amended).
If you are uncertain about the affect of this type of Tenancy, you should seek independent legal advice before
signing this agreement.
SIGNED BY THE LANDLORD
Mr Kiran Vintha
16th June 2020 at 14:21pm