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Is SUING an option here?

(13 Posts)
LaurieFairyCake Tue 13-Jun-17 13:07:41

Getting pretty annoyed now hmm

We cannot get our tenancy deposit back in a timely fashion and I just don't think they should be able to get away with this.

It's held in a deposit scheme. They have emailed to say that there's nearly £3000 not in dispute but they won't return that until the end of the adjudication period.

So ignoring the small amount that's in dispute (plenty of evidence to dispute that bit, not worried at all) is there ANY way to make them pay the part that's not in dispute?

It will be 3 months they will have kept our money in this protected deposit scheme for NO reason

SeaLionsOnMyShirt Tue 13-Jun-17 13:10:00

I'm not an expert, but the two lettings agencies that I have used have both said that any dispute has to be raised within 10 days of the end of tenancy, and only the disputed amount can be held back after 10 days, the rest of the deposit had to be returned. Are you dealing direct with the LL or with an agency?

CotswoldStrife Tue 13-Jun-17 13:13:30

Presumably there is a case between you and the Landlord going on at the moment where you do not agree to the deductions that he wants to make?

LaurieFairyCake Tue 13-Jun-17 13:17:29

I'm not dealing with either now, I'm dealing with the actual deposit scheme

I requested from the landlord and agent the deposit returned at the end of the tenancy

Heard nothing after 2 weeks. Contacted deposit scheme, opened dispute. The landlord clearly requested 2 extensions to time from the deposit scheme. They gave him the extra time.

He responded to the dispute requesting to keep part of deposit after 2 months.

And now I've had an email saying they will adjudicate on the disputed part within 28 days but we also won't get the UNDISPUTED part back until then either.

I seriously don't think they should get away with this - this is the government bonded scheme, they are holding nearly 3 grand of my money for an extended period of time for NO reason

I want to hold them to account

wisteriainbloom Tue 13-Jun-17 13:18:34

You can't go to court now can you if you used the arbitration process?

I took our last landlord to the small claims court.

LaurieFairyCake Tue 13-Jun-17 13:21:02

Is there really no way I can MAKE them give me my money back (the undisputed part) ?

Any options? I've thought of contacting my MP but can't think of anything else

eurochick Tue 13-Jun-17 13:37:59

What do the rules of the deposit scheme say?

OutToGetYou Tue 13-Jun-17 13:42:25

Speak to Shelter, they advise on this sort of thing.

LaurieFairyCake Tue 13-Jun-17 13:53:50

Shelter no longer give telephone advice on tenancy deposits. Their website dictates the ten days to raise a dispute but nothing after that. The belief is that the deposit schemes are supposed to work and quite naturally they're concerned with people who aren't protected.

The deposit scheme allows you to complain in writing which we've done. They said if they find themselves to be at fault they will action. They haven't responded. There is nowhere further forward to go. Unless there's an ombudsman?

REAL complaints are reserved for the outcome of an adjudication, then it's an independent person that looks at it. We don't want to complain about an adjudication yet as the decision about the small amount in dispute isn't due yet.

Allthebestnamesareused Thu 15-Jun-17 10:42:46

Has the landlord quantified the disputed part but indicated that they are seeking quotes for anything as yet unquantified? That may be why they won't release the rest. Was the rent paid in full? Although they are not supposed to retain for rent arrears. I have heard of occasions where it is retained from deposit albeit usually with tenant 's agreement

LaurieFairyCake Thu 15-Jun-17 11:06:43

I've had an email back saying that the deposit scheme is now a stakeholder and won't give any of the money back until the end of the adjudication period.

Yes the landlord claimed after 2 months (with no response at ALL before then) that he was getting quotes. The deposit scheme just kept giving him extra time. Only at the end of 2 months did he say what figure he wanted deducted.

No rent owing, sold our house and paid six months up front. Only stayed the six months.

It's the deposit scheme I have a problem with. It seems that they are keeping deposits for an extended period of time for no reason - maybe to make money in interest for their stakeholders?

Stanstan Thu 15-Jun-17 11:13:34

Yup that will be it

Stanstan Thu 15-Jun-17 11:14:20

I would try which/guardian consumer people from the Guardian etc

Poor publicity is probably the only thing that might make a difference

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