Mydeposits advice

Halva

Hello everyone, I would very much appreciate some advice on some difficulties I have been having with getting my deposit returned.

After a really awful renting experience with a cowboy landlord (which I won't go into, because I'll bore everyone and depress myself even more!), I have gone through the long process of trying to get my deposit back.

My deposit totalled £895. When I left the property, I had paid up my rent until the end of the last month and owed the LL 2 weeks rent. I wrote to him, saying that I acknowledged that he was due the money for 2 weeks rent and could he please return the remaining balance.

I did not receive any response or any money, so I started the claim with Mydeposits. I was really careful to follow all the instructions because I'm like that. I'm the sort of person who reads instruction manuals (I know, I know!).

When I had to enter the disputed amount I entered £895 minus my two weeks rent as I was trying to be open and honest about the fact that I owed him this money and wanted to make it clear that I was not disputing this amount. To me, that's what dispute means; what you can't agree on.

Because I'm sad I even looked at the Jargon buster on the Mydeposits site which states that the desputed amount is:

The amount from the tenancy deposit which is the subject of a dispute over its apportionment between the Landlord (or Agent) and the Tenant.

The good news is that the adjudicator ruled in my favour and did not acknowledge some of the spurious claims the LL made. I'd worked really hard to ensure the house was in a really good condition to avoid getting stung, even going as far as replanting all the borders and tubs, getting it professionally cleaned throughout etc so it's great that it paid off.

The bad news is that Mydeposits awarded my landlord two weeks rent out of the disputed amount, after I had already subtracted it - effectively awarding it to him twice.

I have raised this with Mydeposits, who stand by their decision but have not managed to explain to me their reasoning and now say they will not enter into further correspondence on the decision.

It strikes me that if I'd been dishonest and just said that the disputed amount was £895, I would not be in this mess. I feel incredibly stupid.

My question is do I just resign myself to being out of pocket, or is there one last ditch effort I can make to try and put this right? Do Mydeposits have a regulator?

Apologies for the length!
Halva

clutton_2

why did you not call them to exactly clarify what info to input if you were not sure ?

i think you have lost it and should move on

Deposit Schemes' decisions are final - no appeal... no challenge... no change....

Halva

I didn't call them because I was sure. Having read the instructions, it seemed pretty clear to me what disputed amount meant. In hindsight even though it seemed clear at the time I should have rung to double check.

mydeposits

Hi Halva,

I’m sorry to hear about your situation, but unfortunately my|deposits can’t be of any more help with your case. my|deposits operates under contract from the Government, acting the scheme administrator, and not the adjudicator who makes the legally binding decision. You sent a letter asking my|deposits to relook at your case, which my|deposits has done. my|deposits went back to the adjudicator on your behalf, however, as explained to you, the adjudicator remained by their original decision (just a judge could, had you chosen to settle your dispute in court).

Just as a bit of a recap in the adjudication process, both parties in a tenancy deposit dispute are responsible for ensuring the evidence they present to the adjudicator is correct and as clear and detailed as possible. Just as in court, the adjudicator can only use the evidence before them at the time of adjudication to make a decision.

As the scheme administrator, my|deposits remains impartial in tenancy deposit disputes. This is to ensure the adjudication process is independent and impartial – just as if you had taken your case to court. And just as with the court system, my|deposits cannot influence the adjudicator’s decision, nor require the adjudicator to reopen the case.

As my|deposits has explained in an email to you, you now have two options. Firstly, you can approach your landlord and explain the situation and ask him to return your two weeks rent. If this is unsatisfactory you can appeal through the courts.

I hope this explains things.

Kind regards,

my|deposits