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No DPS and expecting dispute

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213 views 1 replies latest reply: 08 March 2016
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Tenant

Hi, I am moving out of a rental property late next week.   I have just realised (through searching on my own) that the deposit was never protected in any of the DPS provider programmes.  I am expecting disputes during the checkout as the checkin inventory was minimal, I have lived here in an old building for 6 years and that does generate some ‘wear and tear’, and the general demeaner of the landlord and my experience to date leads me to the assumption that he will try to hold all or most of the deposit.   He is also recommending that we do the checkout ourselves and agree any issues on the day.    Which leads me to the following questions:

1) Is it smart to do this without a checkout service or neutral party involved?

2) What is the best way to document disputes during the checkout?   And to follow-up with legal action or otherwise on the disputes?   Without the DPS arbitration protection.

3) Should I request the DPS information from him in advance (realising that he doesn’t have)?   Don’t want to start him on the back foot and contentious, but also don’t want to have not done this before leaving the flat if it should have been.

Thanks for any advice!

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Tenant

Hey Steve

 

First of all, yes, I would suggest you request the prescribed information  (confirmation of your deposit being protected). because if it was not protected, he cannot even evict you legally. That said, you may be the one who has chosen to leave so this may not apply, but still, it will put him on notice that you know he hasn’t followed the rules and has been a naughty boy! ..In regard to the check out, i dont see a problem with it being just you and the LL. However i would suggest you take photos of EVERYTHING the day you are moving out and  take notes during your walk through on what he raises and your response. 

If the deposit hasn’t been protected it may be difficult if you are in dispute, as your only recouse would be small claims court. yes, a hassle!  but you stand every chance of success as i doubt the LL can prove the condition of the property when you moved in. Plus a judge will NOT look favourably on him for not protecting your deposit. 

Depending on when your tenancy began, you could make a claim for the LL not protecting your deposit – up to 3 times what you paid. 

what i am trying to say is that it is really not in your LLs interests to mess you around as he does not hold any cards here… if you can somehow get this across to him, you may be able to settle this without drama… and he will return your deposit in full, as quickly as poss! !!

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