deposit dispute
- Thread starter Amleto
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Soldato
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First thing you need to do is check whether the entire deposit has been put in a recognised Tenancy Deposit Scheme.
If it hasn't, it's pretty much guaranteed that they'll lose any case and stand to pay you back 3x your deposit.
If it is, depending on the amount you'll need to instigate legal proceedings, normally through a small claims court. Takes a few weeks tops.
If it hasn't, it's pretty much guaranteed that they'll lose any case and stand to pay you back 3x your deposit.
If it is, depending on the amount you'll need to instigate legal proceedings, normally through a small claims court. Takes a few weeks tops.
The landlord is not disputing. I will be disputing the amount that the landlord wants to take.
Pestilence: There wont be any option for small claims as it gets decided by the arbiter (should any dispute be made) as far as I am aware. Also, small claims actions take far longer than 'a few weeks' if they run their full course.
Pestilence: There wont be any option for small claims as it gets decided by the arbiter (should any dispute be made) as far as I am aware. Also, small claims actions take far longer than 'a few weeks' if they run their full course.
Soldato
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Depends on the landlord and what they're disputing really.
Mine went running with their tail between their legs as soon as they realised I was serious. I just told them they were lucky I wasn't charging interest for wasting my time. Since they took a while to respond to the claim, I think it took roughly 4-5 weeks to get my money back.
This was back before the days of deposit schemes and as a private landlord, though. What exactly is your situation? Might be a good idea to let us fully in on that before you go acting indignant towards those whose advice you've sought...
I will be disputing the amount that the landlord wants to take. That is my situation.
I'm not sure what else there is to say except for listing the dilapidations he cites, which doesn't make any difference to the dispute I will be making.
Also, indignant? Hardly. I just corrected you.
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But why does the landlord want any money?
If you have wrecked a door or burnt a carpet fair enough, you will get charged.
But if you left an orange in the fridge and he wants £50 for cleaning up, then you have a case.
Tell us your circumstances and the judges and juries here will tell you what will happen!
If you have wrecked a door or burnt a carpet fair enough, you will get charged.
But if you left an orange in the fridge and he wants £50 for cleaning up, then you have a case.
Tell us your circumstances and the judges and juries here will tell you what will happen!
Associate
Technically the land lord is disputing it if they're wanting to hold on to some of the deposit, you're merely disputing their dispute by saying you disagree and want it fairly decided 
Most schemes offer a 14 day resolution period once the case is open well they did anyway. They should also only hold on to the amount disputed if your landlord wants to keep £100 and your deposit is £500 the other £400 needs to be released to you within 14 days otherwise you can take them to court and they'll be in breach of the deposit protection scheme.
Good luck and I hope you win, can't stand land lords!
Most schemes offer a 14 day resolution period once the case is open well they did anyway. They should also only hold on to the amount disputed if your landlord wants to keep £100 and your deposit is £500 the other £400 needs to be released to you within 14 days otherwise you can take them to court and they'll be in breach of the deposit protection scheme.
Good luck and I hope you win, can't stand land lords!
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Soldato
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Seems like you first need to find out in which particular deposit scheme your money is being held.
Once you know that, you can enter a claim for your deposit, which your landlord then disputes. This will then lead you both in arbitration with the appointed body.
Looks as though it's only after that has all been decided you can then push it to court if you wish.
Once you know that, you can enter a claim for your deposit, which your landlord then disputes. This will then lead you both in arbitration with the appointed body.
Looks as though it's only after that has all been decided you can then push it to court if you wish.
Associate
he wont need to find out, this is the good bit, the landlord must, in law have protected the deposit AND ISSUED THE WRITTEN DETAILS TO THE OP within 14 days.
A recent case, and I follow these carefully, dodgy landlord, realised he was looking at the standard x3 payback, rushed off and placed cash in a deposit scheme, got caught, got charged and lost the x3.
A sadder example, decent landlord, placed it properly in said scheme in couple of days of receiving it, but simply forgot to send the paperwork to tenant. he also lost x3.
if anybody can be bothered, I can quote cases.
mrs herb
major landlord and writes stuff for gubbermunt.
A recent case, and I follow these carefully, dodgy landlord, realised he was looking at the standard x3 payback, rushed off and placed cash in a deposit scheme, got caught, got charged and lost the x3.
A sadder example, decent landlord, placed it properly in said scheme in couple of days of receiving it, but simply forgot to send the paperwork to tenant. he also lost x3.
if anybody can be bothered, I can quote cases.
mrs herb
major landlord and writes stuff for gubbermunt.
I'm not asking about what is a fair charge for what. I'm asking about the dispute process, and time scales etc.
I want through this with a lettings agency in Berkshire who made a fraudulent claim against our deposit (they wanted all of it). They made up damage and basically tried to do up the house on the deposit.
Launched a case with DPS and won 95% of it back through a technicality. It took a couple of months and involved some carefully worded statements. If you have any questions just ask. It was quite stressful being poor students and the large amount of money involved.
Launched a case with DPS and won 95% of it back through a technicality. It took a couple of months and involved some carefully worded statements. If you have any questions just ask. It was quite stressful being poor students and the large amount of money involved.
Are you not going to let us know the details of what the landlord is disputing? You can't get any advice if you don't give out any information.
Merely saying:
Why don't you tell us what exactly he's citing as reasons for keeping some or all of the deposit? If you've actually done damage to the premises then we'll be able to advise you not to dispute as you'll have a chance of losing more then he wants off you atm.
I've been through dispute proceedings in Ireland, we have a similar system called the private residents tenancy board which deal with tenant/landlord disputes. I broke the front door (by broke I mean I was accidentally thrown through it), the landlady told me to get out, fair enough she had every right to do so. I and the other person involved paid in full for the door to be repaid but she still wanted to keep our deposits. I took her to the PRTB where she made some lame excuse about a chair being left outside someday (that wasn't even me!) and it had lost its coating. I offered to come around and polish it for her and the arbiter agreed that was fair so I got my money back. The next day she called me up to tell me to forget about the chair, big surprise!
Merely saying:
makes no sense, the landlord is the one disputing this case. By default he owes you 100% of the deposit back. It's up to him to dispute this based on the state in which you left the rented accommodation.
Why don't you tell us what exactly he's citing as reasons for keeping some or all of the deposit? If you've actually done damage to the premises then we'll be able to advise you not to dispute as you'll have a chance of losing more then he wants off you atm.
I've been through dispute proceedings in Ireland, we have a similar system called the private residents tenancy board which deal with tenant/landlord disputes. I broke the front door (by broke I mean I was accidentally thrown through it), the landlady told me to get out, fair enough she had every right to do so. I and the other person involved paid in full for the door to be repaid but she still wanted to keep our deposits. I took her to the PRTB where she made some lame excuse about a chair being left outside someday (that wasn't even me!) and it had lost its coating. I offered to come around and polish it for her and the arbiter agreed that was fair so I got my money back. The next day she called me up to tell me to forget about the chair, big surprise!
I haven't been able to get in touch with him. I have been told through the agency that the landlord has been cleaning and now wants £500.
we had the kitchen and bathroom professionally cleaned before we left. The carpets weren't cleaned professionaly, but then they weren't prof. cleaned before we moved in.
I did damage the paint work on a bedroom wall when disassembling a bed - it chipped about 1 square inch of paint off.
During the winter, with the snow etc, the heating was inadequate - couldn't get the house temp above 13C. We had to buy elec radiators to keep us warm. Thus whenever we had a shower, lots of mist was produced even though we had windows open etc, but there was no extractor fan. The mist and other window condensation has caused some damage on window sills - paint cracking and blackening. I think there may have been some discolouration in places to the bathroom grout.
From what I can gather, keeping the house warm is the tenants' responsibilty, but I believe we took all reasonable steps to keep the house warm and dry, inducing £90/month gas bills in the process.
we had the kitchen and bathroom professionally cleaned before we left. The carpets weren't cleaned professionaly, but then they weren't prof. cleaned before we moved in.
I did damage the paint work on a bedroom wall when disassembling a bed - it chipped about 1 square inch of paint off.
During the winter, with the snow etc, the heating was inadequate - couldn't get the house temp above 13C. We had to buy elec radiators to keep us warm. Thus whenever we had a shower, lots of mist was produced even though we had windows open etc, but there was no extractor fan. The mist and other window condensation has caused some damage on window sills - paint cracking and blackening. I think there may have been some discolouration in places to the bathroom grout.
From what I can gather, keeping the house warm is the tenants' responsibilty, but I believe we took all reasonable steps to keep the house warm and dry, inducing £90/month gas bills in the process.