Unresolved dispute with landlord, what happens with the deposit?

Arleen

You could also go to small claims instead if you would prefer that over paying the due rent first. Heck, after that long time you may have to go through courts anyway.

gtilbury

My circumstances were difficult at the time hence why I ended the tenancy with rent arrears. Once I realised that I couldn't use the dispute service due to the arrears (which I did not previously know as it didn't say that in any of my paperwork!) I wasn't in a position to clear the arrears.

Funnily enough the landlord knew I wouldn't be able to use the service due to the arrears.

Yes the matter has been outstanding for a long time but as I said my circumstances were difficult at the time and I have been dealing with other things. I communicated with the landlord for a couple of months via email before he told me he would refer the matter to his solicitor. I've been waiting to hear back from them/him since then and I have chased him a few times to be told 'these things take time'.

The letting agent have told me they won't give him/me the money until we reach an agreement or until they receive an official order on what to do with the money from a court or otherwise.

What I want to know is:
1) does the money automatically become his after a certain amount of time even though I've very clearly disputed his claim?
2) can I refuse to give him anything now due to the length of time this has been going on and the length of time he's had to instruct his solicitor as he said he would?

Pixie5740

It's not down to the letting agent to decide.

How have you clearly disputed the claim? Not with MyDeposits.

Either party can start a single claim with MyDeposits and if the other party doesn't respond then the party who made the claim will get the money.

You can refuse to do whatever it is you don't want to do. However, your landlord has 6 years to file a claim so you're not home free yet.

silvercar

Either party can start a single claim with MyDeposits and if the other party doesn't respond then the party who made the claim will get the money.

if a tenant with rent arrears started a claim with mydeposits, they would refuse to consider it. As outlined above it is in their t&c's. So if a landlord starts a claim to retain some of the deposit, the tenant needs to sort the rent arrears if they want to defend the return of the deposit.

G_M

The only time limit is 6 years.

I'm still not clear who claims who owes who how much......

* the landlord holds ££4900 deposit which is yours
* you owe the landlord £? in rent arrears
* the LL claims you did £10K damage

So the LL could start legal proceedings against you for the £10K - £4900 + rent arrears.

Or you could start legal proceedings against him for the £4900

And whoever starts legal proceedings, the other could enter a counter-claim.

* the landlord

Arleen

silvercar wrote: »

if a tenant with rent arrears started a claim with mydeposits, they would refuse to consider it. As outlined above it is in their t&c's. So if a landlord starts a claim to retain some of the deposit, the tenant needs to sort the rent arrears if they want to defend the return of the deposit.

Or they can go directly to small claims. Using mydeposits is optional, and if you have good reason to go directly to court, like them refusing to hear you over missing rent.