Rental Deposit – Tenant Seeks Advice

Rental Deposit – Tenant Seeks Advice

18:38 PM, 10th July 2014, About 10 years ago 105

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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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Romain Garcin

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19:52 PM, 14th July 2014, About 10 years ago

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.

Ahmed Aziz

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20:13 PM, 14th July 2014, About 10 years ago

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

Mark Alexander - Founder of Property118

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21:50 PM, 14th July 2014, About 10 years ago

Reply to the comment left by "Ahmed Aziz" at "14/07/2014 - 20:13":

"he" being the landlord I would assume.
.

Ahmed Aziz

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21:56 PM, 14th July 2014, About 10 years ago

Yes he means landlord

Mark Alexander - Founder of Property118

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22:03 PM, 14th July 2014, About 10 years ago

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.
.

Ahmed Aziz

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22:36 PM, 14th July 2014, About 10 years ago

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?

Mark Alexander - Founder of Property118

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7:19 AM, 15th July 2014, About 10 years ago

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.
.

Romain Garcin

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8:17 AM, 15th July 2014, About 10 years ago

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.

Industry Observer

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8:24 AM, 15th July 2014, About 10 years ago

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?

Romain Garcin

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8:34 AM, 15th July 2014, About 10 years ago

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.

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