Court order to release deposit when tenancy has been surrendered?Make Text Bigger
Does anyone have any experience in issuing a Court Order to release money held by the DPS?
Just briefly, the tenants ‘surrendered’ their tenancy by writing to the Landlord, leaving the keys in the house (and most of their furniture) and without giving notice. In their letter to him they stated that he could have the full security deposit to put towards the rent arrears and any furniture left in the property. They left without providing a forwarding address.
After logging on to the DPS and requesting the deposit is paid in full to the owner, the tenants have now disputed this and only permitted about a third to be paid to the Landlord. They are refusing the free dispute resolution service and the status of the DPS is now ‘claim in dispute – awaiting court order’
E-mail correspondence has been ignored by the tenants and any form of negotiation disregarded by them, even though after carrying out a check out it has been pointed out to them that if this goes to court then the claim against them will be considerably higher than just releasing the balance of the deposit held. i.e. cleaning, carpet cleaning and rubbish removal and presumably the month’s rent due as their notice period.
Can a Court Order be issued to the tenants at the forwarding address provided at the start of the tenancy? Can a claim be made for the month’s rent for their notice period? Can this be claimed through the Money Claim Online Service or does it have to be applied for through the County Court?
Lots of questions….your help would be appreciated
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