Landlord Disputing Deposit

Katang

Hi there,
Looking for advice regarding obtaining my deposit back. I ended my tenancy of 4 years due to poor living conditions damp, and repairs not being completed. However I gave notice, and had the property professionally cleaned and left on good terms. My deposit is held by the DPS service. I requested my deposit to be repaid on the portal and received no response. I then had to go through the single claim process. Today, after the deadline of Monday 4/7/16 midnight I have received an email from DPS saying that the landlord has disputed my claim, but does not wish to use the ADR process. I spoke with DPS and they said to contact the estate agent. I have done this and the estate agent has said the landlord is claiming for gardening costs of £1000. Now we left the property in a respectable condition, and no gardening work has completed since and the property is now sold. I have pictures of the property the estate agent took selling the property which proves the garden was left in a good condition. I have pictures which also prove no work was completed. When I spoke with the estate agent today he said they didn't want to go into ADR as there is no evidence to support the landlords claim, and he is recommending the landlord agrees to release the money as he has no grounds or goes into ADR. However what should I do - I have been waiting since April 7th to have my deposit back - surely this is not right to let this continue to drag and now there are no timescales that has to be adhered to. Should I raise a small claims court case? Any advice would be appreciated.

Pixie5740

If you and your LL can't agree on the deductions, and he refuses to use the ADR offered by the deposit scheme then it's letter before action and after that small claims court.

See Deposits: payment, protection and return for more information.

m0bov

All you can is sue him via Small Claims then. Just send a letter before action, with a copy of your photos and make your case. I would'nt bother talking to the EA, they work for the LL.

Tyler119

From what I understand, if the landlord is refusing to deal with the deposit issue and won't accept ADR,then you can start a single claim form.

If he wants to claim your money, then he either needs to prove it using ADR or go through the small claims court. I might be wrong, but a tenant cannot use the small claims court for getting deposit back, this is why deposit schemes were thought up.

I would say just to hang in there and don't give in. If he cannot produce any evidence of the need for work to have been carried out, including the original condition of the garden then there is no case to answer and you should get your money back in your bank account

Good luck!

Pixie5740

Tyler119 wrote: »

From what I understand, if the landlord is refusing to deal with the deposit issue and won't accept ADR,then you can start a single claim form.

Then you understand it incorrectly.

If either the landlord or tenant fails to respond to initial discussions regarding the return of the deposit, a single claim can be initiated. The scheme will then attempt to contact the other party, and if unsuccessful will return the deposit to the claimant. Check the relevant scheme process for full details. (courtesy of G_M).

In the OP's case the LL has responded to initial discussions therefore a single claim cannot be used.

Tyler119

Pixie5740 wrote: »

Then you understand it incorrectly.

If either the landlord or tenant fails to respond to initial discussions regarding the return of the deposit, a single claim can be initiated. The scheme will then attempt to contact the other party, and if unsuccessful will return the deposit to the claimant. Check the relevant scheme process for full details. (courtesy of G_M).

In the OP's case the LL has responded to initial discussions therefore a single claim cannot be used.

My understanding comes simply from a letting agency I used...so I do apologise

I did tell my letting agency that if a landlord responded then a single claims couldn't be used....I was told I was wrong. Having double checked online, I can see the letting agency is full of it.

Katang

I already went through the single claim process....and they responded today disputing - even though the 14 day to respond was Monday midnight.

Tyler119

If you have to go down the court route, I believe it is Form N1 that needs to filled in.

You must also send a letter before action to the landlord before going down the court route. It is important as you can show for a final time that you are willing to use the ADR service rather than the court system time.

I must apologise again for the previous information being incorrect.

Katang

Thanks for advice, DPS has said the account is now frozen until a court order is received. However I cannot take them to small claims court? So now the money just sits in DPS. Seems unfair to the tennant that the landlord can refuse the ADR process.

Tyler119

Katang wrote: »

Thanks for advice, DPS has said the account is now frozen until a court order is received. However I cannot take them to small claims court? So now the money just sits in DPS. Seems unfair to the tennant that the landlord can refuse the ADR process.

No you can, send the landlord a letter before action and get on filling in the N1 form..available on the gov website.

Sometimes the letter before action can get the response you want, your money back. I mean it is not like he is ever going to get the money otherwise I'm sure he would be taking you to court first.

Thrugelmir

Katang wrote: »

he estate agent has said the landlord is claiming for gardening costs of £1000.

Seriously? Ask the Letting Agent for a breakdown.