Tenant won’t claim his deposit and wants to go to court!

by Readers Question

9:02 AM, 22nd May 2018
About 3 years ago

Tenant won’t claim his deposit and wants to go to court!

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Tenant won’t claim his deposit and wants to go to court!

My brother and I are joint landlords of a few properties. One of our tenants recently gave 30 days written notice to vacate his flat. His deposit had been protected through the DPS and was provided Information how the DPS scheme works etc within the 30 day period when the tenancy commenced around 2 years ago.

We met him at his flat on his day of departure and the flat was filthy. We reminded him that as per the tenancy agreement/inventory the flat should be in the same standard of cleanliness as when he moved in. He very reluctantly agreed to make a better job of cleaning the flat. He said he would do it later that day and we agreed to meet him the following day for a new hand over. He never showed up the following day for the new hand over and hadn’t made any further attempts at cleaning. The keys for the flat were never returned to us. We contacted him and told him as he didn’t clean the flat or handed in the keys we would be getting a cleaner in and changing the locks at his expense.

We logged a dispute for part of his deposit with the DPS. He said as we were looking at withholding part of his bond he would see us in court for the full amount. True to his word he logged a claim through the small claims court for the full amount of his deposit which is £400.

My brother and I have since decided to fully renovate the flat and could not be bothered with the time or inconvenience of a dispute with the DPS or small claims court.

We logged on to the DPS again and changed the status of claim for the deposit to be returned to the tenant in full. He has been notified by the DPS that his deposit is available to be reclaimed in full and all he need do his provide the bank account details he wants it sending to.

The tenant is ignoring the DPS and refusing to contact them to reclaim his deposit. He is pushing ahead with the small claims court. No court date has been set yet and the courts are advising both parties should try to mediate to try resolving the dispute without having to go to court.

He is flatly refusing this and it seems he wants to have his day in court. We do not want to end up in court or have any CCJ’s against us.

Can anyone advice how we can resolve this please?



Simon Hall

20:54 PM, 29th May 2018
About 3 years ago

Reply to the comment left by David Dorset at 22/05/2018 - 13:44
David, I disagree, he will not have CCJ against him if he pays within time limit set by Court. The only time CCJ is registered if he fails to pay within 30 days time limit then claimant or winning side will have to apply for enforcement of judgement/order for which separate fee is payable this is when CCJ is registered.

If CCJ was registered as you seem to explain then nobody will have ever go to court with fear of losing the case and then having CCJ registered.

Kate Mellor

15:25 PM, 30th May 2018
About 3 years ago

Reply to the comment left by David Dorset at 29/05/2018 - 15:41
It sounds like you've got a good case for implied surrender and it's highly unlikely you'll get any comeback. Just keep detailed records/diary and photo's. The fact that he can't get back into the building without the originally issued keys and those are in the flat is a strong indicator that he doesn't plan to come back.

David Dorset

16:47 PM, 30th May 2018
About 3 years ago

Reply to the comment left by Kate Mellor at 30/05/2018 - 15:25
Thanks very much again Kate.

Mike Sosner

0:25 AM, 31st May 2018
About 3 years ago

It perhaps does unless he gave you proof that he does not intend to return. This may be the thing you should worry about. But what precisely does it say on the claim form, that he is claiming for?

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