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screamingninja

Deposit Dispute

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HI all

We are struggling to get our deposit back. We were in a AST for just under 2 years. we had an estate agent do our initial check in and tenant vetting placing deposit with TDS etc.. the landlord then took over the management of the property. We had no real problems and had very little contact with the landlord.

We then handed our termination notice as per our contract. We had to arrange for the estate agent to re advertise the property and arranged them to do the exit inventory (this should have been the LL job to do!)

The check out inventory was fine no issues, as far as they were concerned we were entailed to 100% deposit returned (we have always had a 100% return rate with all our rented properties).

The landlord is refusing to authorise the release of my deposit he has failed to give me a legit reason as to why. First of all I had a text from him saying we had two kids and there must have been some damage or marks and we can not expect 100% of our deposit back. This is ridiculous we have only just had our first child who was 3 months when we left! He is now saying he had to pay for inspection fees when we entered the property and therefore we have to pay for an exit fee. The agent carried out this free of charge and we have a statement to that affect.

He is demanding £150 or for us to come to our senses and make a sensible offer.

I raised a dispute with TDS as I thought great my deposit is protected and they will hopefully see that he is trying to extract money to cover fees he is responsible for.

The LL refused for TDS to adjudicate the dispute. This means my only option is court so we have served him with a notice before action stating all the key facts.

This period has now passed and I am looking to move this forward. I started to look at the process I need to follow and I was going to raise a claim via "Money Claim online" as it seems quicker and cheeper but on there it states to not to be used for deposit disputes as this should be done via a DPS company. Is this true?

Alternatively I need to fill out a form but I am not sure which one a N! form or a N208. Conflicting information on web popped into the courts and they were no help?

Any ideas?

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I've used the moneyclaim website before to deal with Landlords and deposits but none since mine was covered by the TDS. Saw this on their website which I presume you are refering to?

(snip)

You cannot use MCOL to make a claim against:
 a child under 18
 someone who lacks 'mental capacity' (someone unable to make their own decisions)
 the Crown or Government departments
 your landlord under the tenancy deposit scheme (more information is provided at
 a claim as a result of a tribunal award
(end)
Have you spoken to the TDS scheme and what do they say?

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There was a great story on here about someones landlord not wanting to give the deposit back. Eventually the ex-renter managed to get a court order and charge on their rental property.

Well worth pursuing to the bitter end and claiming back all charges, fees and inconvenience from the landlord. Ultimately it's impossible for them to claim that fair ware and tear is damage without photo evidence form before and after - you really can't lose.

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Get the deposit mediator involved first, if you don't like the outcome or the LL still doesn't sign off then you have the option to file for small claims court. They'll be an upfront cost but you can claim it back from him.

99% of the time the LL is just trying it on, since it doesn't cost him anything. I never understand why a LL can't just be satisfied the huge rising value of the asset and want more?.

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I had similar nonsense with a mental landlady who kicked us out after I refused to allow her to do three months of needed work (with no rent reduction) before you guessed it kicking us out to sell up, which she stupidly told us she intended to do in the following Spring. This was in November. We were out (and luckily found a bigger place two doors up on the same money) by early January.

We then had the pleasure of watching her drop the ridiculously greedy asking price progressively by (eventually) £100k and it not sell till the following October, all the while driving past the empty, rent-not-being-paid old place on the way to our nice new pad. Well it was 2011. Priceless.

But I digress. She claimed all sorts on nonsense in order to keep the deposit, but eventually caved in when it became clear that bull**shit, bluster, tears, shouting, and her 'poor abandoned wifey' act (I truly sympathise with her ex, and interestingly her daughters wouldn't talk to her either) don't work with the DPS, they need verifiable facts and pictures and she hadn't any.

Stick to your guns mate and follow the process. You'll win.

Edited by montesquieu

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