We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

PLEASE READ BEFORE POSTING: Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

What is the single claim process?

fuddle
fuddle Posts: 6,823 Forumite
edited 28 December 2012 at 8:03AM in House buying, renting & selling
Some help regarding the single claim process in getting my rental deposit back would be very much appreciated if possible.

My old landlord and the letting agent has failed to respond to my request for my deposit back. We've been moved out of the property for 2 weeks now and although I understand it has been Christmas the rules state calandar days not working days. Without going into too much detail my LL has called both DH and I requesting £300 in cash for a replacement item. This item's damage was not caused by us but has gradually got worse over our multiple years tenancy. He now wants us to pay for a new item. I have told him to go through the deposit scheme for any monies he feels he deserves but knowing he hasn't asked us to sign an inventory or scheme of condition when moving in or out I suspect he's realised he can't get our deposit money very easily and now playing awkward.

Having read the FAQ's about the single claim process I know we have to pay for a solicitor to witness our form and send it back to the deposit scheme. I also know the LL has 14 days to respond. My queries are:

What happens after the 14 days if the LL doesn't respond? Will I get my deposit back?

If within the 14 days the LL disputes, what happens then? Does he need proof to dispute?

Can he win any of our deposit without the ingoing and out going inventories and schemes of condition?

Thank you in advance :)

Comments

  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    fuddle wrote: »
    What happens after the 14 days if the LL doesn't respond? Will I get my deposit back?
    Yes

    If within the 14 days the LL disputes, what happens then? It goes through the usual arbitration process Does he need proof to dispute? He will need to justify any deduction to the deposit

    Can he win any of our deposit without the ingoing and out going inventories and schemes of condition? Yes if he has other evidence to show you have caused damage and/or left the property in a worse state than when you moved in (less fair wear & tear)

    Thank you in advance :)
    Good luck.........
  • Your ex-landlord is an @rse if he think he can justify getting you to pay the full price for a replacement item after years of a tenancy. A tenant's deposit money is not a new-for-old insurance scheme!

    I've never hard of having to pay a solicitor to witness your form. Are you absolutely certain that you've understood the FAQs?

    What the deposit-scheme's arbitrators will be looking for is that you've attempted to negotiate with the landlord and failed to reach a sensible and reasonable compromise.

    Without a dual-signed and dated check-in and check-out inventory your ex-landlord is going to have a very hard time indeed trying to persuade the arbitrators that he's not a lying, scumbag shyster.

    WRITE to your ex-landlord right away (keeping a copy to show the arbitrators), denying that you've caused any damage to this item, and that you consider whatever damage is evident as fair wear and tear, considering the length of your tenancy.
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 352.3K Banking & Borrowing
  • 253.6K Reduce Debt & Boost Income
  • 454.3K Spending & Discounts
  • 245.3K Work, Benefits & Business
  • 601.1K Mortgages, Homes & Bills
  • 177.6K Life & Family
  • 259.2K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16K Discuss & Feedback
  • 37.7K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.