Break clause during 6 mth AST - question

G_M

CDESPO wrote: »

Given he has openly stated he will do this - do I start the 'letter before action' process now (2 weeks before we are due to move out) stating he has given me reason to believe he will not return the deposit, or do I wait and go through the arbitration service of the protection scheme?

No.

Option 1, as per pmlindyloo below, is to point out to the LL that you could claim the 3 times penalty for late depsoit protection. However you will not do so provided he return your deposit in full within (say) a week of you moving out.

Option 2 -
* wait till you end the tenancy
* write requesting your deposit
* if no response, make a single party claim to the deposit scheme
* if deduction is proposed, raise a dispute
* claim the 3 times deposit penalty

In any event, a 'Letter Before action' is not required to raise a dispute via the deposit scheme. It IS required for a court claim (eg for the penalty).

HappyMJ

CDESPO wrote: »

Also if it goes to the deposit protection service dispute channel - do they simply arbitrate onthe return of the deposit or do they pas judgement on whether the landlord should pay the 1-3 X compensation as well?

They just arbitrate on the return of the deposit.

You need to take the LL to court for 1-3 times the deposit.

G_M

Read the link:

* Deposits: payment, protection and return

CDESPO

Thank you - from reading the links and the posts above it looks like the best way is to write to him and state the request for the return of the deposit in exchange for not making a claim on the breach of the Deposit Protection rules.

If he refuses or digs in then start the court process

CDESPO

Thanks for the help and opinions on this previously. I took the advise of sending an initial letter to the landlord to resolve it prior to starting any formal dispute - offering for them to agree the agreement end date

Unsurprisingly the landlord has dug his heels in, refused to respond to me personally and simply told the letting agent to "sort it out"

Guest101

I'd just document the notice and leave, claiming back the deposit. let ADR and court sort it out.

CDESPO

Yep thats the plan now. We are out the house, have a full documentation chain on notice served and dates. Kept everything squeaky clean our side thankfully.

Will let the courts sort out the failure to protect deposit on time and lack of PI

Thanks all

G_M

Please come back and let us know how it all pans out.

Best of luck!

CDESPO

Thanks - Also discovered today going through the paper work that the gas safety certificate expired prior to the renewal in Feb. We were never sent a replacement....

thesaint

CDESPO wrote: »

Thanks - Also discovered today going through the paper work that the gas safety certificate expired prior to the renewal in Feb. We were never sent a replacement....

It doesn't make your case any stronger.