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Landlord refusing ADR or releasing undisputed deposit amount
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dhs87
Posts: 104 Forumite
Hello all!
After many attempts of contact, I could not get through to our ex-Landlord. Our deposit, with the DPS, could not be released without his approval / lack of reply. So, I got a Statutory Declaration signed and sent off - and agreed to use the DPS ADR service should he reply.
On the final day of notice, he replied to the DPS, disputed the amount we are claiming and disagreed to the use of ADR. The DPS will not release the deposit without agreement or a court order now. I cannot get any reply out of the Landlord and I see no alternative but Court action.
I have some questions:
It is worth noting I am unemployed currently so I have the time to do this and should not need to pay any costs either if I go it alone.
After many attempts of contact, I could not get through to our ex-Landlord. Our deposit, with the DPS, could not be released without his approval / lack of reply. So, I got a Statutory Declaration signed and sent off - and agreed to use the DPS ADR service should he reply.
On the final day of notice, he replied to the DPS, disputed the amount we are claiming and disagreed to the use of ADR. The DPS will not release the deposit without agreement or a court order now. I cannot get any reply out of the Landlord and I see no alternative but Court action.
I have some questions:
- As it is was a joint tenancy, if I get the approval of all other claimants, can I save them some money for fees and claim on their behalf (as I am the lead tenant) or would they all need to sign up as claimants etc.? (We all live in separate parts of the country).
- If they do not agree to court action, what course of action do I have? Their monies are tied up along with my own in the DPS.
- Can I / we claim interest on the undisputed and / or disputed amounts? As this has been undisputed for more than 9 months and not been released due to his complete non-communication with the DPS or myself, could we claim he was withholding it as a bargaining chip, so to speak?
It is worth noting I am unemployed currently so I have the time to do this and should not need to pay any costs either if I go it alone.
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Comments
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how many tenats are there and are you all on the same tenancy agreement ?0
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There were 4 tenants, including myself, all on the same Joint Tenancy agreement.0
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there is a mammoth thread on here by Eagerlearner who spent a fair old while trying to get her deposit back from a very difficult landlady.. you wil learn a huge amount by reading it ... set aside a couple of hours tho..
you will have to take him to court and you will then have to enforce the judgement (if you win)
bw0
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