Recovering deposit from TDS without tenant participation?

Landlord Expert
By Landlord Expert April 7, 2013 19:53

The tenancy (my first one in the property) was paid to be fully managed by a national chain agency. The tenants were in the property for approximately 18 months and one of these changed part way through the tenancy. The property was vacated and left damaged from smoking (specifically breaching the tenancy agreement). It required several cleans and redecoration at a cost slightly over that held on deposit. We claimed the deposit back from the tenants via the agency and were told that they disputed this so the matter was referred to the TDS. We complied with all of the TDS requirements for evidence, forms etc but were then told that as the tenants could not be contacted they had not agreed to use the service so the TDS had no remit. The TDS are therefore holding the deposit and will only pay out if either 1) both parties agree to use the service or 2) we get a court order. We have requested assistance from the agency to contact the tenants again but to no avail.

Is it possible to sue the tenants for this money in absentia and if so how do we go about this? Is there any other way to recover this money?

Thanks in advance.

Landlord Expert
By Landlord Expert April 7, 2013 19:53

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