Rental Deposit – Tenant Seeks Advice

by Readers Question

18:38 PM, 10th July 2014
About 4 years ago

Rental Deposit – Tenant Seeks Advice

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Rental Deposit – Tenant Seeks Advice

I was renting a property as we were renovating our own property. We took very good care of the house and had it professionally cleaned before we handed it back to the estate agency, who was happy but requested that the external drains be cleaned and the grass cut. Both were done. Rental Deposit - Tenant Seeks Advice

After that began a long set of emails with rubbish claims from the owner such as there are weeds in the garden, cracks in the outdoor tiles (which I had not noticed and are not in the inventory – it was winter so we never went out) and loads of other things such as saying there was a smell of cigarettes even although we do not smoke.

I have tried hard to get my deposit back and even offered to give £200 from it to avoid the hassle and time wasting but the landlord wants the lot.

The estate agency is doing nothing.

Should I go to the dispute resolution or court and how do either of them work and are they any good?

Thanks

Dr Ahmad Aziz



Comments

Mark Alexander

18:42 PM, 10th July 2014
About 4 years ago

Definitely go to dispute resolution, details of how to begin the process should be on your deposit protection certificate.

If you you were never given a deposit protection certificate and prescribed information then you may be able to claim three times your deposit plus the deposit. One of my colleagues at Cotswold Barristers may be able to help you with this, possibly even on a no-win-no-fee basis - see >>> http://www.property118.com/member/?id=3380
.

Mark Alexander

18:52 PM, 10th July 2014
About 4 years ago

PS - significantly more tenants win at dispute resolution than landlords, simply because the burden of proof rests with the landlord.
.

Ahmed Aziz

19:02 PM, 10th July 2014
About 4 years ago

Thanks, but he looks like someone that is not straight forward. I did not have photos when I entered or left the property, wish I had. He claims he has photos showing the stain..etc I have an inventory that shows everything was fine.
It is my understanding that he has to consent to ADR, if he doesn't what can I do?
I do not have a certificate but an email with my deposit ID and notification that it has been deposited

Sacha Martin

19:57 PM, 10th July 2014
About 4 years ago

Definitely go to dispute resolution and don't offer him a bean - even retract the £200 offer. You've been the perfect tenant from what I can see and as for cleaning of external drains - way above and beyond what is expected. I agree with Mark the resolution usually favours the tenant, especially when there is an agreed inventory involved and items that are now 'issues' aren't documented on there. Your estate agent should be liasing for you here, it's unfortunate that you have been left to sort yourself but the resolution guys are usually very good at weeding out the wrong party.

Good luck!

Mark Alexander

20:02 PM, 10th July 2014
About 4 years ago

Reply to the comment left by "Ahmed Aziz" at "10/07/2014 - 19:02":

Contact My Deposits directly, they are a good bunch, they will advise you from here. I agree with the additional advice offered by Sacha.

Good luck
.

Sacha Martin

20:13 PM, 10th July 2014
About 4 years ago

Reply to the comment left by "Ahmed Aziz" at "10/07/2014 - 19:02":

He can't 'get to' any of the money without agreement from you so even if he doesn't agree with the dispute he will have to see it through the correct process. The inventory is the key document here - if it isn't on there then it never happened. I think you will be fine, just log the dispute asap.

Mark Alexander

20:24 PM, 10th July 2014
About 4 years ago

Reply to the comment left by "Sacha Martin" at "10/07/2014 - 20:13":

If its protected by My Deposits then he has the money now. However, as soon as it goes to ADR he must pay the money over to My Deposits, if he doesn't then he's lost and tenant wind by default. My Deposits pay tenant and sue the landlord. Simples!
.

Sacha Martin

20:30 PM, 10th July 2014
About 4 years ago

Reply to the comment left by "Mark Alexander" at "10/07/2014 - 20:24":

Ah I see, apologies I had for some reason decided that the Rent Deposit was with DPS! Must pay more attention!

Stacey McCourt

21:49 PM, 10th July 2014
About 4 years ago

As I don't know all the details, for now I would highly recommend that you dispute the claim with TDS or a scheme similar to that - assuming your deposit is protected by one of these schemes.

Michael Barnes

8:01 AM, 11th July 2014
About 4 years ago

From the statement "I do not have a certificate but an email with my deposit ID and notification that it has been deposited", it sounds like the deposit is with the DPS custodial scheme; it is insurance schemes that provide certificates, DPS emails tenant to confirm deposit and repayment ID.

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