Dispute with landlord

Comms69

Airkraft wrote: »

The small claims court is the last place to take a dispute over a tenancy deposit scheme ... literally (well probably)

Years ago, the courts were getting swamped with claims by disgruntled tenants, and possibly aggravated by some rogue landlords, about the non-return of their security deposit, whether in whole or in part.

So the tenancy deposit protection scheme was introduced (or whatever it is called)
So assuming the lanlord was not acting unlawfully, and has protected your deposit under one of the approved schemes, it is they you should raise any dispute with.

Only if you disagree with their resolution, and whish to legally challenge it, should you consider court action as a matter of last resort.
But I suggest you ensure you have a good case before spending more of your hard earned cash following such a direction.

You say:



You also quote the terms of the tenancy contract you aoriginally agreed to abide by:


As I understand it, it appears £126 has been retained for the cleaning of the carpets.

Are you suggesting you have not soiled the carpets even by just walking on them during the tenancy? - That is irrelevant. the clause is not enforceable.
Or are you suggesting the landlord is going to spend £126 cleaniung carpets thjat are already clean? e.g. did you clean them youreslf before leaving? If so, why did you accept the terms of the outgoing statement of condition? - The landlord doesn't have to spend any of it on carpets.

Note that the amount of £126 retained must equate to the amount it will cost the landlord to clean the carpets, and you may request proof after the event if required. - You can request proof, but the landlord doesn't have to actually clean anything!

As I said, I'm sure nor what exactly the basis if your dispute is, but make sure it is good if you plan to take legal action; a court is unlikley to not uphold the decision of the deposit protection scheme (and their dispute resolution process) unless it is.Perhaps run your argument past your own independent legal adviser first.

Perhaps you should do some research also....


The deposit was returned. This is overpaid rent.

G_M

Airkraft wrote: »

.....

So the tenancy deposit protection scheme was introduced (or whatever it is called)
So assuming the lanlord was not acting unlawfully, and has protected your deposit under one of the approved schemes, it is they you should raise any dispute with.

1) The deposit as been returned, so the scheme will not now arbitrate.


2) the deposit was protected, so the LL did not act unlawfully.


The OP's only options now are


3) give up and accept the status quo (loss of overpaid rent)



4) Mutual negotiation to reach a compromise


5) Small Claims Court