Rental Deposit – Tenant Seeks Advice

Reply to the comment left by “Ahmed Aziz” at “14/07/2014 – 19:46“:

Not really.
As per the T&C quoted in my previous post, if you raise a dispute but _he_ refuses ADR and does not start court proceedings within 6 months, then _you_ should receive the deposit by default.

Reply to the comment left by “Romain ” at “14/07/2014 – 19:52“:

When I talked to them they said the person who initiates the DRS has six months if the other party doesn’t consent to go to court or he will loose the deposit or did I misunderstand

Reply to the comment left by “Ahmed Aziz” at “14/07/2014 – 20:13“:

“he” being the landlord I would assume.
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Yes he means landlord

Reply to the comment left by “Ahmed Aziz” at “14/07/2014 – 21:56“:

In which case let’s re-write that sentence ….

………. the person who initiates the DRS (that being you) has six months, if the other party doesn’t consent to go to court (the landlord) will loose the deposit

Clear now?

Fair isn’t it?

Now let’s look at it the other way around ………

………. the person who initiates the DRS (that being the landlord) has six months, if the other party doesn’t consent to go to court (the tenant) will loose the deposit.

All seems fair to me.
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My understanding that if he(landlord) doesn’t consent to use the DSR then the tenant (me) has six months to take the case to court or l (tenant) loos the deposit or am I wrong?

Reply to the comment left by “Ahmed Aziz” at “14/07/2014 – 22:36“:

I think you must be wrong because that would render the ADR system pointless wouldn’t it?

Basically, the person who declines ADR is the person who has to bring the Court case, otherwise he loses by default.
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Reply to the comment left by “Ahmed Aziz” at “14/07/2014 – 22:36“:

Yes, you are wrong according to the scheme’s rule that has been clearly quoted previously.

Romain

The auto default payment to the tenant (or Landlord) at the end of the 6 months refusal to go ADR or Court.

Knowing DPS I doubt they just send a cheque – does the claimant/recipient party if they have not gone to Court still need to initiate a Stat Dec single claim?

What needs to be remembered here is that the Stat Dec single Claim initially, early stages, applies where in this case the lsndlord simply does not respond to anyone – agent, tenant etc. The Stat Dec is submitted and then if the Landlord still does not respond, DPS pay out indemnified and protected by that document.

This 6 months rule is for where the landlord does respond, but negatively. As soon as DPS get any response whatsoever from their attempt to contact the Landlord – which happens in the majority of cases as otherwise the landlord loses the claimed amount as the contact from DPS states this – then all bets are off for the single claim route initial stages version.

No matter how negative, all the Landlord has to do is say is “go away DPS” , or “no thank you I do not want to use ADR” or words to that effect, and the initial Stat Dec route is closed and lost.

So this tenant either goes to Court, or waits the 6 months. Question is if they haven’t already completed a Stat Dec in an uiinitial stages attempt, do they then need to complete one. Or a second if they did complete one originally?

Reply to the comment left by “Industry Observer ” at “15/07/2014 – 08:24“:

IO, the question was clearly about what happens if a party does not agree to ADR but does not start court proceedings.