Claiming deposit after repairs

moneytipshelp39

Hello all!

I am having issues claiming my deposit back. I had an issue with a door/window on the flat I was renting. When the issue happened, I managed to find 3 providers to come and have a look and I sent the quotes to the landlords to approve but they wanted to get in touch with someone they knew as that way it would be cheaper. Still, no one came, and landlords were evasive for over 3 months, until I gave notice to leave the flat and they offered someone to come and have a look 3 days before I was moving out.

Now, they are proposing to deduct circa 60% of the deposit for the repair. From the beginning, I informed them it would not be my responsibility to cover this cost and have informed the agency I contest the charges over email with a reference to the Tenant Act.

In addition, other repairs to the flat were needed since I moved in and, despite requesting for them many times, they never carried out these repairs.

Should I go ahead and dispute the charges through the deposit scheme or should I let them initiate the claim? I'd just rather dispute through ADR and not give them the chance to choose which way to submit the dispute.

Thanks in advance for any advice!!

bobster2

What was the issue with the door/window?

anselld

You can go ahead and request deposit return through the scheme, however the Landlord is not obliged to use the ADR process just because you submitted first.  They have the option to go through Court if that is their preference.

moneytipshelp39

bobster2 said:

What was the issue with the door/window?

It got stuck as I was trying to close it 

moneytipshelp39

anselld said:

You can go ahead and request deposit return through the scheme, however the Landlord is not obliged to use the ADR process just because you submitted first.  They have the option to go through Court if that is their preference.

Thanks! And if they decide on court, I can still pursue ADR anyway, right? Would you advise to submit the claim through the scheme or to wait for their reply first and take it from there?

anselld

moneytipshelp39 said:

anselld said:

You can go ahead and request deposit return through the scheme, however the Landlord is not obliged to use the ADR process just because you submitted first.  They have the option to go through Court if that is their preference.

Thanks! And if they decide on court, I can still pursue ADR anyway, right? Would you advise to submit the claim through the scheme or to wait for their reply first and take it from there?

No, both parties need to consent to use ADR.   It is probably worth waiting enough time for a reply, eg a few days, then submit claim.

bobster2

moneytipshelp39 said:

bobster2 said:

What was the issue with the door/window?

It got stuck as I was trying to close it 

Can you explain a bit more clearly?

It got stuck and wouldn't close? This was over 3 months ago. Has it been open ever since? If not then what repair is needed? Is part of the mechanism actually broken?

PRAISETHESUN

Did you actually break it? Or is it the sort of thing that could be chalked up to wear and tear on an old window?

In either case I'd request the deposit back through the deposit scheme. If the LL doesn't engage then you'll get your money back. They can start legal action and take you to court afterwards if they aren't happy with the outcome, but the court will probably look unfavourably on a LL who refused to engage at all with the deposit scheme first.

moneytipshelp39

bobster2 said:

moneytipshelp39 said:

bobster2 said:

What was the issue with the door/window?

It got stuck as I was trying to close it 

Can you explain a bit more clearly?

It got stuck and wouldn't close? This was over 3 months ago. Has it been open ever since? If not then what repair is needed? Is part of the mechanism actually broken?

It left a gap so it wasn’t possible to properly close. Eventually someone else came and put it in place so that it was visibly closed but there was still a small gap but not properly closed or locked. I don’t know what repair was needed as this was done once I moved out - 3+ months without someone coming to repair it 

moneytipshelp39

PRAISETHESUN said:

Did you actually break it? Or is it the sort of thing that could be chalked up to wear and tear on an old window?

In either case I'd request the deposit back through the deposit scheme. If the LL doesn't engage then you'll get your money back. They can start legal action and take you to court afterwards if they aren't happy with the outcome, but the court will probably look unfavourably on a LL who refused to engage at all with the deposit scheme first.

Thanks. I’m aware other residents have had issues with the windows/doors as well so it wasn’t just something that happened to me. Should I do this asap or wait for another reply from the agency first?

PRAISETHESUN

moneytipshelp39 said:

PRAISETHESUN said:

Did you actually break it? Or is it the sort of thing that could be chalked up to wear and tear on an old window?

In either case I'd request the deposit back through the deposit scheme. If the LL doesn't engage then you'll get your money back. They can start legal action and take you to court afterwards if they aren't happy with the outcome, but the court will probably look unfavourably on a LL who refused to engage at all with the deposit scheme first.

Thanks. I’m aware other residents have had issues with the windows/doors as well so it wasn’t just something that happened to me. Should I do this asap or wait for another reply from the agency first?

Request the money back through the scheme ASAP. That starts the clock for any dispute process. Don't bother with contacting the agent/LL first, apart from maybe a polite email to let them know that you've started the dispute process.