Jump to content

Recommended Posts

Ok, So i have a tenant that i ask to leave, he does so but asks me by e mail to eccept the deposit as the last mounths rent as he has to pay for his new flat, i agree to this. he does not inform the dps of this and also refuses the dispute system, gives no reson for this, just being dificult, the dps now say my deposit is locked and i will have to get a judge to give a determunation to get my money, the court tell me there is no sutch thing. Where do i go from here?

I am tempted to make a claim though the small claims court. Any thoughts?

Please excuse the spelling

Share this post


Link to post
Share on other sites

Hindsight being the wonderful thing it is would suggest that you should have got tenant to sign letter saying what he was doing about the deposit money - ie using it for rent.

Surely this situation goes to arbitration now not a judge? While the deposit is locked no one gets it but it is still there. Can you not get tenant to write letter saying he agrees to you having deposit in lieu of rent.

Small claim action seems unnecessary at this stage and will cost you more.

Mortitia

Share this post


Link to post
Share on other sites

Hi Thanks for the reply, The tenant tells me he will release the deposit then does not ie he is a lier, he also refused arbitration, unfortunately he is very gay and as soon as you contact him he screems blue murder that he is being victamized, i dont care what he is as long as he pays his way, there may be light at the end of the tunnel, part of the single claims process is that i had to get a noterised statement this i did, the t however did not, it seems that the dps should have refunded me at that point, i have made a complaint now i wait and see. looking further on the net it seems that others are in the same position at a cost of a huge amount of money.

Share this post


Link to post
Share on other sites

Hi,

Well - my parents always told me that "things that are free are of NO VALUE" - and the Deposit Protection Service is free to landlords and we should all be very wary of that. The moment you give the deposit to someone else to hold (as per the rules of the custodial deposit scheme) ....... you lose control ....

My point is that you should have become a member of the National Landlords Association and kept the deposit in YOUR OWN bank account, and protected it by PURCHASING an deposit protection certificate from Tenancy Deposit Solutions (http://www.mydeposits.co.uk) - run by the National Landlords Association.

Why? Well - if the money is in your bank account then you are in control ... not some "Call Centre" operative who is following rules, processes and guidelines as defined by the DPS.

I know purchasing a certificate would have cost a little money (under £30 from memory) ..... but you would not have all this hassle (and cost) now had you chosen to use the "paid for" service rather than the "free" service.

Mark

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...

×
×
  • Create New...