Zero deposit scheme?
3 years ago | 20 comments
Deposit still held after tenancy has ended?
10:42 AM, 12th May 2023, 3 years ago
2
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Hello, a deposit is still being held by a registered scheme more than six years after a tenancy has ended. The tenant ended the tenancy early and they agreed I could keep the deposit and I have this on video. Shortly after they vacated they made a claim for the deposit and I blocked it and then I made a claim and they blocked it so it has remained in the registered scheme untouched ever since.
I am now thinking of claiming it. The tenant’s contact details are still held by the scheme so they will be contacted. I know these details are correct.
Am I going to have to go through an adjudication? Don’t know what the tenancy agreement said about the deposit but more than likely something along the lines of dealing with it within 14-28 days. Six years have passed so aware that the Statute of Limitations applies.
I have a feeling I might have to split with the tenant.
Any advice would be appreciated,
John
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Member Since July 2013 - Comments: 1996 - Articles: 21
12:02 PM, 12th May 2023, About 3 years ago
John
Put in a claim for the full amount on the basis that it was an agreed payment for early termination. However, it was unwise to wait so long to enforce that agreement.
You will have to go through adjudication if the tenant objects. You won’t get any sympathy from the adjudicator for allowing 6 years to pass.
The tenant may argue: “Yes, even if I am in breach of contract – to pay the deposit to the landlord – the landlord’s claim is now time-barred, The money is mine and should be returned to me.”
Your best hope is the tenant ignores the email from the deposit scheme company.
Good luck!
Member Since October 2020 - Comments: 1137
5:31 PM, 16th May 2023, About 3 years ago
Claim it under the “single claim process”. You’ll need to download the form and it will have to be signed by a solicitor.