Rental Deposit – Tenant Seeks Advice

by Readers Question

18:38 PM, 10th July 2014
About 6 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


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Comments

Seething Landlord

10:40 AM, 22nd July 2014
About 6 years ago

Reply to the comment left by "Industry Observer " at "22/07/2014 - 08:43":

No offence as far as I am concerned. The way in which the DPS propose to interpret the new 6 month rule should be of interest to all of us who use their scheme so please share any information either here or on a separate thread.

Michael Barnes

19:54 PM, 30th July 2014
About 6 years ago

I have obtained the following from the DPS; perhaps, as IO suggested, Mark might post it as a separate article:

I can confirm section 24a of our Custodial Terms and Conditions states,

"In the event that a Landlord or a Tenant does not provide their consent for the Dispute to be resolved through the ADR Procedure, the Dispute must be resolved by the parties or through the courts. If the party who does not provide its consent for the Dispute to be resolved through the ADR Procedure does not start the required court proceedings within 6 months of responding to the repayment claim or Statutory Declaration Notice, indicating that they do not consent to the ADR Procedure, any disputed amount may be released by The DPS to the other party."

In the event that a party has not initiated Court proceedings within 6 months of informing us that they do not wish to use our ADR to resolve a dispute, then the other party will need to inform us in writing. Once we have been notified that they have not been informed of Court action then we will contact the other party and ask them to provide proof of court proceedings. If they do not provide this information within 7 days then the deposit may be returned to the party who has made the request.

Seething Landlord

22:00 PM, 30th July 2014
About 6 years ago

I note that they continue to use the word "may" rather than "will", which implies that payment is at their discretion.

Ahmed Aziz

6:13 AM, 31st July 2014
About 6 years ago

Thanks so much Michael, so from my understanding I do not have to do anything except wait for 6 months since I have requested for it to be resolved by the ADR, if the landlord does not respond then I can claim the deposit back and they may release it (when I talked to the deposit protection on the phone they advised me to put another claim attempt in, which did not seem logic, should I retreat that claim?)

Lorraine Thompson

23:04 PM, 31st July 2014
About 6 years ago

Reply to the comment left by "Michael Barnes" at "11/07/2014 - 08:01":

This comment may be a little late, did the agent/landlord provide the Terms and Conditions from The DPS along with a tenants guide to the Deposit Protection Service. or did you purely get the certificate.

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