Claiming deposit after repairs

confusedfreelancer

I've had similar issues with landlords. The dispute service really is very good. Always worth raising a dispute as you won't lose anything.

moneytipshelp39

PRAISETHESUN said:

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.

They have now replied and said that the landlord will review my dispute and that they will revert once they hear from them. Do you think I should still raise the dispute through the scheme?

PRAISETHESUN

moneytipshelp39 said:

PRAISETHESUN said:

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.

They have now replied and said that the landlord will review my dispute and that they will revert once they hear from them. Do you think I should still raise the dispute through the scheme?

Yes. Whilst the LL "considers" your request nothing is actually happening. Submitting the dispute starts the timer that the LL/agent must respond within. If they don't respond in time then you win by default.

confusedfreelancer

moneytipshelp39 said:

PRAISETHESUN said:

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.

They have now replied and said that the landlord will review my dispute and that they will revert once they hear from them. Do you think I should still raise the dispute through the scheme?

Yes. Gets things moving.

anselld

moneytipshelp39 said:

PRAISETHESUN said:

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.

They have now replied and said that the landlord will review my dispute and that they will revert once they hear from them. Do you think I should still raise the dispute through the scheme?

It is like any other complaints process, you should give a fair chance to amicable negotiation before entering dispute.  If the Landlord has only just been notified by the agent then they have not yet had time to respond with their view.  It can be annoying if people just wade straight into dispute and it actually reduces the chance of an amicable agreement.

moneytipshelp39

anselld said:

moneytipshelp39 said:

PRAISETHESUN said:

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.

They have now replied and said that the landlord will review my dispute and that they will revert once they hear from them. Do you think I should still raise the dispute through the scheme?

It is like any other complaints process, you should give a fair chance to amicable negotiation before entering dispute.  If the Landlord has only just been notified by the agent then they have not yet had time to respond with their view.  It can be annoying if people just wade straight into dispute and it actually reduces the chance of an amicable agreement.

Thank you! I think it is sensible to give them opportunity for reply but I just want to avoid the small claims court at all costs and don't want to give them the opportunity to choose which way to go as I understand they can claim the dispute through the scheme as well and decide to go straight to court. Although it will probably look negative on them.

martindow

The window sounds as if it is old and failed mechanically, so that would be wear and tear.  You don't seem to have done anything untoward that could be considered deliberate or careless damage so shouldn't be paying for its repair or replacement. 

If you do decide to wait, don't let it drag on.  A week or ten days is more than adequate for a response, so if you don't hear anything open the claim.  If they reply and want you to pay something for repairing this window I would dispute this and claim your entire deposit back from the resolution scheme.  As has been said, they generally deal with things well.

moneytipshelp39

Hello all, just sharing an update. They never replied back, and after a week I send follow up email (last Wednesday). Should I ask for another follow up or start the claim right away?

Thanks again!

PRAISETHESUN

moneytipshelp39 said:

Hello all, just sharing an update. They never replied back, and after a week I send follow up email (last Wednesday). Should I ask for another follow up or start the claim right away?

Thanks again!

This is why I suggested you submit the claim last week, as you would have won your dispute by now. Submit the claim and stop letting your LL mess around.

theartfullodger

Greedy landlord, just claim the whole deposit (or what you think fair) from deposit scheme.  Polite and calm with landlord but ignore them