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Landlord disputing deposit

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312 views 2 replies latest reply: 24 January 2017
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Tenant

Hi All, im in a rather sticky situation with an ex agent.

Basically i left a joint tenancy last August, well actually forced out of the home due to domestic violence. After a couple of months and lots of pestering i managed to get the joint tenancy transferred to a sole tenancy for ex partner so my name was completly off the tenancy.

Now im facing difficulty retrieving my deposit (im lead tenant on the DPS) ex has nothing to do with the deposit, but because he remains in the property the agent wont release my deposit back to me. Iv endlessly requested a repayment and they continue to reject. They have even gone as far as saying i can have my depsoit back but only if it goes to the agent first and they release it to me from there. Didnt fall for it, but this is so frustrating.

Its now gone to the disputes team, how likely am i to get my money back?

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Tenant

Hello, 

I think you’re very likely to get the deposit. 

When the tenancy agreement was transferred to your ex, the deposit should have been release and a new deposit taken for the sole tenancy that was signed with your ex. 

In this case, the agent did not do the work and the DPS is likely to recognise this as their mistake. 

Make sure to send everything you have to the DPS in the proper time, otherwise it might be counted out of the final evidence pool. Be sure the send them a thorough letter explaining the situation in as much details as you can. 

Here is our guide to deposit deductions and disputes – http://www.thetenantsvoice.co.uk/letter-templates/request-deposit-back-negotiate-disputes

It will give you important information regarding these types of issues. 

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Tenant

Hi Audrey

Well it turns out that i was misinformed and its not yet gone to the disputes team, the status of my payment request is waiting on landlords response. Its been 7 days and i am pretty confident they are now ignoring my requests. In order for it to go to the ADR they have to request to me repayment one last time, which again im confident they wont be responding again.

So i have now been informed by the DPS that i will be able to use the single claims process after 14 days, which takes me to the end of the month.

My question is….. Does this single claims process force the landlord to cough up?

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