Problems with landlord returning deposit

Ulfar

Take it to the DPS dispute, if she refuses go to court.

Keep the email she sent to you, this shows a lack of willingness on her part to be reasonable. The court will love that.

Keep any further communication in writing only either email or letter.

Go to court ask for return of deposit, penalty for failing to abide by law and costs.

martin2345uk

I have to say I'm a bit confused here.


I thought the DPS was meant to ensure a LL cannot wrongfully withhold deposits? If that's the case how can a LL "refuse" to use arbitration? Surely you claim the deposit back from the scheme, and the LL then has to prove any deductions they want to make, and the holding company decides the outcome...?

G_M

martin2345uk wrote: »

I have to say I'm a bit confused here.


I thought the DPS was meant to ensure a LL cannot wrongfully withhold deposits? If that's the case how can a LL "refuse" to use arbitration? Surely you claim the deposit back from the scheme, and the LL then has to prove any deductions they want to make, and the holding company decides the outcome...?

The arbitration process is voluntary. The courts are the alternative.

Of course, in this situation, arbitration would simply look at the validity of any proposed deduction by the landlord.

If it went to court, the tenant could also claim, at the same time, the penalty for later registration of the deposit.

Since the deposit does seem to be registered, the court is unlikely to award the full 3 x penalty, but would have to award at least 1x penalty (in addition to the original deposit less any deductions the court agreed were fair.)

So the landlord would be foolish to opt for court over arbitration.....

CreditCrunchie

martin2345uk wrote: »

I have to say I'm a bit confused here.


I thought the DPS was meant to ensure a LL cannot wrongfully withhold deposits?

Sounds lovely in theory doesn't it? Unfortunately it's a load of balls unless landlord (or tenant if it's on the other foot) plays ball! Twice now we've had unscrupulous amateur landlords try it on and keep our money tied up for months until we fought tooth and nail to get it back! You can put a claim into the dps or whatever scheme it's in, but if landlord rejects the claim it's held up in the system until someone backs down. Theoretically they are supposed to pay you any amount that remains uncontested within 10 days, but that never happens either!

OP I suggest you put in a claim with your scheme immediately. then write to your landlord advising her that unless she returns your deposit within 7 days or agrees to use the scheme's adjudication process, you are going to submit a claim to moneyclaim online for the full amount. While you're at it, sue for 3 x the deposit! This is a slightly more costly and complicated process than moneyclaim, but it is worth it. you will definitely get more than just your deposit back and yet another !!!!!! landlord will learn they cannot just steal money from their tenants.

RapunzelsChameleon

Thanks for all your helpful posts. They have certainly clarified the matter for me.