TF215106: Access denied from the TFS API after upgrade from 2012 to 2013

After upgrading a test server from TFS 2012 to 2013 I started getting the following exception when trying to set the retention for a build policy via the TFS API

"TF215106: Access denied. TYPHOONTFS\\TFSService needs Update build information permissions for build definition ClassLibrary1.Main.Manual in team project Scrum to perform the action. For more information, contact the Team Foundation Server administrator."}

This was a surprising error, the code had been working OK and the TFSService account is, well the service account, so has full rights.

The issue was I also needed to rebuild my application with the TFS 2013 API, once I rebuild with the 2013 DLLs it all worked fine.