Tenancy Deposit Scheme - Failure to Pay

[Smokey01]

My question concerns the TDS and their failure to award money owing froma deposit left by my last tenant.

The tenant was served notice 2 months prior to the agreed and signed for tenancy end date.

The tenant never agreed when she was leaving and did in fact leave 2 weeks after the agreed end date. She owes therefore for outstanding rent. She has never given anything in writing or otherwise stating when she had intended to leave. Having entered into a statutory periodic tenancy she owes "at least" one months rent but the TDS awarded nothing from her deposit, favouring a view from the tenant that she paid me some money when she left (this was for other things) that she now claims was money towards the rent. She owes £1565:00 and said she has paid £300 due to her own calculations of a day rate, which simply does not add up.

I intend to take "someone" to the small claims courts to address, but who is responsible, the TDS for failing to provide the service and correct adjudication of my case, or the tenant now as she has the money back. Also are costs limited in small claims, as I believe normally if under £5000, no costs are awarded either way.

Any help would be much appreciated.

[free9man]

Try a forum that deals with British law since it would appear you are in the UK as you are talking in terms of £s.