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landlord want£550 from my deposit and i dispute it to ADR

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300 views 6 replies latest reply: 11 September 2016
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Tenant

Hi all

i need some help and advice, i left my previous property on 15/04/2016. i been there for 5 years with my 3 kids and always pay rent ontime,i left property in excellent condition, spotless professionally clean despite of its never been painted and decorated in 5 years.when i ask my landlord to release my deposit ,he respond me after 14 days and said he want to deduct £550 from my deposit to bring rear garden in to acceptable condition. he was present at checkout time and was admiring me keeping his house so clean and now claiming me a huge amount really shocking….. my checkout inventory clearly showas garden is in clean condition with reasonable wear and tear.

i refuse to pay him £550 and demand him to pay my deposit back in full. again he didnt resond any of my phone call/message and e mail.after several calls to property agent the  agent advice me to open a dispute with ADR which i did .its been  40 days i have left the property and didnt get a single penny back…………..very disappointing.

i have all the record of phone calls and emails and some photographs of garden at the time of check out.

check in inventory mentioned garden as overgrown and weedy.i was maintaining garden at regular intervals but on some patches grass didnt grow dispite of my several efforts.i moved the lawn and cut all trees and give him garden as clean and tidy as possible. i have an instict he might say grass is patchy?

how should i deal with my land lord and present my case to ADR ??? Please help and advice me.

any previous experiance and advice is wellcome please.

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Service provider

Hi, 

Firstly, he was required to release the undisputed part of the balance within 10 days of you requesting it, so did you get back all except the £550?

Which scheme was your deposit protected with?

We used ADR with DPS. Our landlord was claiming £1300 from our deposit and we ended up paying just £30!

It is very important that you submit all evidence by the deadline you are given by ADR. The landlord will also need to submit evidence and by the sound of things he won’t have much.

Also, when you submit your evidence, ask the ADR team to send you copies of all the landlord’s evidence, as they won’t do this automatically.  You can then send further evidence if you need to. We did this.

Let me know if you have any more questions, and also update this forum, so others can benefit.

Good luck. I’m sure you’ll get most, if not all of it back.

John

 

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Tenant

Thank you very much for your reply ROB. I am in process of submitting my evidence to ADR.I am under custodial scheam with DPS.I found something interesting while going through this proces and seeking further advice ,it may help others in the same situation:

I have been in my previous house for 5 years and all  those years i never receive any certificate and not been informed about my deposit scheam. When i write my agent that i want to move out and how i will get my deposit back, agent simply send me checkout date and deposit ID number alongwith DPS phone number to contact DPS personally and settle my deposit repayment with them.Ihad no idea what is DPS and why i have to approach them.Any way , i call DPS and found them friendly ,they help me to set my repayment ID .

I have been advised that agent/landlord is legally responsible to give me all detais  of my deposit/scheam/process etc alongwith cerbtificate within one month of my tenancy start date otherwise it comes as “negligence” and i can claim for compensation which is 3 times of my deposit. I  am confused if its true???????or am i eligible for compensation??? anyone knows about it please come forward and advice me.

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Service provider

Hi Irfana,

It sounds as though you may well be entitled to a penalty for 1-3 times the amount of the deposit.

Before I can advise further, please let me have two dates 1. the date you paid your deposit and 2. the date the deposit was protected. 

If you login to your DPS account the date it was protected will be shown.

John

 

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Tenant

hi john, i have paid the deposit on5th April2011 and my DPS record shows it submited  on 15thApril2011.but i never get any letter or certificate from landlord or agent describing where my deposit money is? and underwhich scheam i fall in. only when i request my agent to explain how i can get my deposit back on20th february 2016, they send me checkout date on 15th March2016 they send me deposit ID and suggest me to contact DPS personally. In this situation ,can i still claim for compensation or not???

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Service provider

Hi Irfana,

The deposit appears to have been protected on time – within 14 days of receipt (this increased to 30 days on 6 April 2012). However, the prescribed information (PI) should also have been provided to you (must be a hard copy), again within 14 days of deposit receipt.

A tenant is required to sign the PI (as well as the landlord/agent) to confirm their details are correct, so it will sometimes be attached to the tenancy agreement – check in case this was done.

If the PI is not attached to the tenancy agreement and you are certain you did not receive it, I suggest you email the agent and say that you did not receive the PI and if they believe otherwise, request a copy of it within 7 days.

The deposit protection certificate will have been sent to you by DPS, together with the deposit ID and repayment ID (usually sent by email or post if the landlord didn’t supply an email address). DPS will be able to confirm the date they sent it to you. However, the certificate is not the PI, so I don’t think you need to bother with this.

 

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Tenant

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