Getting the deposit back

robslost

I've got my deposit in the free DPS scheme. We had to bug the landlord but and make sure they put it in. They told us that it wasn't essential because it would take longer to get it back but without it you have no legal right to claim your money back!

Werdnal

robslost wrote: »

I've got my deposit in the free DPS scheme. We had to bug the landlord but and make sure they put it in. They told us that it wasn't essential because it would take longer to get it back but without it you have no legal right to claim your money back!

Are you saying the LL told you it was not a legal requirement to use the deposit scheme? If so, thats total rubbish and LL doesn't know what they are talking about.

You do have a right to claim you money back, via the courts, the same as before the deposit schemes can into force. Indeed, if the LL decides to decline the deposit arbitration through the scheme, tenants may still have to resort to courts to claim back monies owed.

Also, if the LL did not protect and serve the tenant with the full PI from the scheme within 30 days, you can claim the suggested non-protection penalty of 1-3x the deposit value. Did LL do this within the timescale in your situation?



OP, I don't think the 10 days is a valid excuse for you to claim back your 100% deposit. I doubt any court would give you back all the money on the strength of agent being 2 days late with their letter, but if you feel you want to challenge the cleaning costs, then that is a better route to follow. Apply to TDS, raise a dispute and challenge it.

Gonzo1987

Werdnal wrote: »

Are you saying the LL told you it was not a legal requirement to use the deposit scheme? If so, thats total rubbish and LL doesn't know what they are talking about.

You do have a right to claim you money back, via the courts, the same as before the deposit schemes can into force. Indeed, if the LL decides to decline the deposit arbitration through the scheme, tenants may still have to resort to courts to claim back monies owed.

Also, if the LL did not protect and serve the tenant with the full PI from the scheme within 30 days, you can claim the suggested non-protection penalty of 1-3x the deposit value. Did LL do this within the timescale in your situation?



OP, I don't think the 10 days is a valid excuse for you to claim back your 100% deposit. I doubt any court would give you back all the money on the strength of agent being 2 days late with their letter, but if you feel you want to challenge the cleaning costs, then that is a better route to follow. Apply to TDS, raise a dispute and challenge it.

Thanks for you help - But why wouldn't it be a valid excuse for the full deposit to be returned when that is what it states in the contract? Sorry if I'm slow on the uptake, but if I paid my rent 2 days late, they'd be within their rights to charge interest..as per the contract.

We have to raise the dispute with the agent before going to the TDS, which we will do but I feel it's something worth stating to the agent