Refund for damages out of tenant’s deposit

Refund for damages out of tenant’s deposit

10:00 AM, 15th August 2022, About 2 months ago 3

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Hello everyone, Based on the level of damage at the end of a tenancy, the tenant agreed to refund me £550 out of his £750 deposit, which was paid to me by the letting agency.

Then the agency submitted a claim for the remaining £200 to DPS on my behalf.

The arbitrator has now decided that I am due only £115 out of the total deposit and that I am to pay rest to the tenant.

Was the arbitrator not supposed to look just at the disputed amount of £200, as tenant previously agreed to refund £550 to me?

Thank you.

Mia



Comments

Ian Narbeth View Profile

15:14 PM, 15th August 2022, About 2 months ago

You say that the agent paid the £550 to you. From where?
Why did they claim for the remaining £200? It appears they have messed up. If you had agreed £550 then they should have left matters as they were. Instead it appears that you (through them as your agent) have rejected the £550. Therefore the whole claim comes back into play.

You should ask the agents to pay you so that you are not out of pocket.

Freda Blogs

10:43 AM, 17th August 2022, About 2 months ago

I agree with @Ian Narbeth.

Sounds like the agent has not followed the DPS process properly. If just the LL/agent writes to them to confirm that the parties have agreed terms, DPS will take no notice (and they won’t tell you) and it will go to adjudication by default.

Generally, if it has gone to adjudication - which it will do automatically unless both LL and tenant write in the same terms to confirm agreement, or, alternatively, if the LL submits no evidence by the required date, the DPS will decide on the basis of what has been written so far - which is seldom the full story, as at the early stages of a dispute you can’t submit pictures etc and are limited in term of characters how much you can write.

Ray Davison

12:11 PM, 22nd August 2022, About 2 months ago

Reply to the comment left by Freda Blogs at 17/08/2022 - 10:43
I have found with the DPS that even if you have a signed agreement by the Tenant to give up part or all of the deposit as recompense for damages (Or rent arrears) they will take absolutely no notice of that agreement. I have previously been advised that I could have coerced the Tenant into the agreement/.

What then is the point on following the DPS advice to perform the check out in the presence of the Tenant?

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