Rental Deposit – Tenant Seeks Advice

We both need to consent to the DRS (don’t we), what if he doesn’t?

Reply to the comment left by “Ahmed Aziz” at “11/07/2014 – 08:16“:

Your landlord has no choice, it’s a condition of membership with My Deposits, he’s already consented by using their scheme.

Note for Michael Barnes, Ahmed’s deposit is protected by My Deposits, he said so in an earlier comment, see >>> https://www.property118.com/rental-deposit-tenant-seeks-advice/67100/#comment-43502
.

Reply to the comment left by “Ahmed Aziz” at “11/07/2014 – 08:16“:

Hi Ahmed

no he doesn’t need to agree at all. If you look on My Deposits (who I believe you are with) you will see that he can counter claim (eg disagree with you) but you can most definitely make the claim whether he agrees or not.

http://www.mydeposits.co.uk/tenants/get-started/register-a-dispute

But on the website it says:
”

If you have agreed to use the Alternative Dispute Resolution (ADR) service and the Landlord/ Agent does not agree to resolve the dispute through it and to be bound by the decision, then resolution of the dispute will have to be taken through the County Courts or resolved by way of an agreement.

We will hold the Deposit until a court order is received or agreement by both parties is received indicating a resolution to the dispute. In these circumstances, we would recommend that you seek independent legal advice. ”

Doesn’t that mean that if the landlord refuses to use the DRS then I have no choice except to go to court?

Thanks for all replies and help

Reply to the comment left by “Sacha Martin” at “11/07/2014 – 08:34“:

I am on the custodial scheme

Reply to the comment left by “Ahmed Aziz” at “11/07/2014 – 11:17“:

Sorry but I’m confused. To my knowledge My Deposits does not operate a custodial scheme in England or Wales, are you in Scotland by any chance?
.

Have you actually contacted the scheme and started the repayment request procedure or are you waiting for the landlord to start it?

If you are waiting on the landlord, start the procedure and let the landlord dispute it, then he has to decide whether to use the dispute resolution service – as do you….

Personally, if you have already requested your deposit be returned through the scheme and you are genuinely honest about leaving the property in the same condition as you took it I would go today to the county court and get a small claims plaint, complete it (but don’t submit it to the court) and send a copy of the completed plaint to the landlord (via his agent if you don’t have the landlords address), stating a date of 14 days from the date of receipt, that you require him to instruct the scheme to refund your deposit in full, failing which you intend to present your plaint at xx court without further notice on the date you stated and that you will claim for all costs, interest (from the date you left the property) and expenses as is permitted by the court as part of your claim.

That should shake some action and from experience, most situations are miraculously resolved just before the deadline to present the plaint passes. If the landlord fails to act I would prefer to go to small claims rather than use the dispute resolution service as I have taken numerous small claims cases and won every single one with the vast majority being settled by return. No landlord wants to spend time and money being dragged through the courts…..

“…. fortune favours the brave….”

Its with The Deposit Protection Service (The DPS).

Reply to the comment left by “Ahmed Aziz” at “11/07/2014 – 11:58“:

OK now I’m even more confused, you previously said you had an email from My Deposts.
.

Sorry, my mistake for not clarifying. Mark assumed it was with mydeposits but it is not but with Deposit Protection Service. Does that change things? Thanks