Tenancy Deposit Deductions

TeddyGirl

Thanks again.

Once I put that I don't agree on the DPS website is there anything else I have to do such as writing up my argument or is it all done for my by the DPS ?

My OH is worried that if we fight it they might take us to small claims court or something and we might end up having to pay legal fees on the off chance they win, is this right or is he just a worry wort ?

Like I said this was our first property so we don't know how it works.

System

Hi TeddyGirl,

I currently work in the lettings industry and I would recommend that you progress this through the deposit scheme. Once the dispute is logged the arbitrator will make a decision which is final. They will not be able to take you to a small claims court.

The most important thing to remember is that the legislation says that the landlord is not allowed betterment and if there isnt a signed inventory with photographs also signed and dated the landlord has no case.

Good luck

DT12

TeddyGirl wrote: »

Thanks again.

Once I put that I don't agree on the DPS website is there anything else I have to do such as writing up my argument or is it all done for my by the DPS ?

My OH is worried that if we fight it they might take us to small claims court or something and we might end up having to pay legal fees on the off chance they win, is this right or is he just a worry wort ?

Like I said this was our first property so we don't know how it works.

You won't be liable for any legal fees. When I disputed one time with a land lord they tried to add legal fees to the claim. The TDS arbitrator pointed out firmly that this was against the rules of the deposit scheme and as such wasn't even considered.

Many of peoples worries regarding refunding of deposits come from a time before the deposit schemes when some landlords/letting agents used the deposit as an extra income to use for home improvements. These days the landlords/letting agents must prove damage has been caused beyond wear and tear, and that the money taken from a deposit is related tot he extent of damage and age of the item damaged. So even if you damaged part of the carpet you are not liable for the full carpet, or if the carpet as in your case was old and worn, you are not liable to replace it with a new one.

If the carpet was already in a bad state at the start of the tenancy then you have nothing to worry about. If the landlord didn't do a full inventory, signed by you, including stating condition of the contents of the house, you have nothing to worry about.

TeddyGirl

Thanks for all your advice.

Last night on the DPS website I ticked the 'I do not agree' box. Is there anything else I need to do ? There is a button that says something like 'single claim'. Do I need to do that ? Sorry I can't be more precise but I'm at work at the moment so can't go on the website.

Thanks !