Tenant Has Rejected Deposit Protection Scheme

alovesey

Hi,

I am a little confused concerning the deposit of an ex-tenant.

I had a check-out carried out, with both the tenant and landlord present. The tenant duly signed the check-out/inventory, therefore agreeing that the flat needed cleaning & there were some missing items & damage.

The tenant ultimately did not agree to the slight charges we were imposing due to these things and so the agent passed on the disagreement to the Deposit Protection Scheme.

We have since filled out claim forms for the DPS, but were shocked to find out this morning that the tenant has rejected the DPS and wishes to take this matter to the small claims court.

We are very surprised that this has happened and wondered where we legally stand on this? Surely the deposit is more protected for the tenant within the DPS? And surely the tenant rejecting the DPS procedure is a little damaging to his case? We are only talking about the sum of £200, of which we have photos and the check-out clerks report to back this up.


Does anyone know where we stand on this issue and where the contested sum of money is now held until this matter goes to court?

Thanks in advance.

theartfullodger

We are only talking about the sum of £200, of which we have photos and the check-out clerks report to back this up.

AFAIK either party (or both) are entitled to decline the DPS route & go small-claims... Seems a smart negotiating tactic from the Tenant's point of view: Argue about £200, force LL to go to court (money, time) or hope LL will cough up the £200....

Of course the T may turn out to want more than £200 because of evil capitalist Landlord machinations by the time you are up before the Judge...

Interesting: Do let us know which option you chose - Standing up for your rights, at significant expense (time & money) to you or coughing up £200 and getting shot of the problem...

Cheers!!

Lodger

tek-monkey

So the T agreed to it all, signed to say so, then claims its not OK? How will he fund court, is he well paid? I'd say go for it, but its not my money!

G_M

I had a check-out carried out, with both the tenant and landlord present.

Out of interest, who are you? The agent?

This seems to be a decision only the LL can take, but if the tenant signed for the cleaning and other matters, and the DPS upheld this and set the £200 amount, the LL has a strong case. I would defend the case and add in my costs as well (in a SCC you can't claim legal fees but can claim lost earnings, time, expenses etc).

BitterAndTwisted

It sounds to me like the tenant agreed that there were issues to be addressed and paid for but is now disputing the actual amount, not the principle, which they acknowledged and signed for. I am I right? As long as the LL can justify and provide valid receipts for the cleaning and replacement costs, I'd defend it in their position

clutton_2

Either LL or tenant has the choice to use, or not to use, the deposit scheme's arbitration service. If one side chooses not to - the other side must take them to the small claims court in order to get a judge's decision on the matter of deductions and funds-allocation.

as a LL it is not my intention to ever use the DPS Dispute Resolution Service again - if a tenant has a gripe with me over a deposit (which we cannot amicable come to an agreement on) they will have to take me to court to get a decision. Judges will at least know the law, DPS anonymous unqualified Arbiters dont necessarily ....

in the meantime the money sits in the DPS bank account. IF LL wins, then LL will need to insist that the court sends a favourable judgement with ""Deposit Protection Service"" name ACTUALLY in the judgment paperwork itself, otherwise DPS will not release the money - to either LL or tenant.