Court order to release deposit when tenancy has been surrendered?
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
Nikki
Comments
Have Your Say
Every day, landlords who want to influence policy and share real-world experience add their voice here. Your perspective helps keep the debate balanced.
Not a member yet? Join In Seconds
Login with
Previous Article
Philosophers consider envy to be evil and destructiveNext Article
Freehold Director mix up
Member Since May 2016 - Comments: 1570 - Articles: 16
11:05 AM, 6th October 2019, About 7 years ago
Reply to the comment left by Ian Narbeth at 30/09/2019 – 18:36
Nikki,
There are much more cost effective options than Ian suggested, although you do need specialist professional help.
PossessionFriend.uk
Member Since January 2015 - Comments: 1435 - Articles: 1
2:06 PM, 6th October 2019, About 7 years ago
If you give their last known address to you ie your property the DPS will write to them there. Unless they have had the post redirected open all their post and do not respond to the DPS letter. After the expiry time for response on the DPS letter the DPS should then award you the deposit in full. Only wont if DPS has other contact details for the tenants.
If you have to resort to a Court Order ask the court to direct WPS to forward the address of the tenants (hopefully you might have their NIC number)
Member Since March 2022 - Comments: 3
5:09 PM, 5th March 2022, About 4 years ago
Reply to the comment left by KarenS at 05/10/2019 – 11:44
Can you tell me about this ombudsman?
Member Since May 2016 - Comments: 1570 - Articles: 16
9:12 AM, 6th March 2022, About 4 years ago
Reply to the comment left by Thomas Ingram at 05/03/2022 – 17:09
I’m guessing Karen means The Property Ombudsman TPO who the DPS are members of.
Member Since March 2022 - Comments: 3
12:19 PM, 6th March 2022, About 4 years ago
Reply to the comment left by Chris @ Possession Friend at 06/03/2022 – 09:12
The DPS aren’t a member of any Ombudsman scheme to my knowledge. Hence I would like to know more.