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Landlord refusing to use deposit scheme ADR

(5 Posts)
jb7445 Wed 31-Dec-14 16:13:04

Hello,

I have recently moved out of my rented flat. The landlord has indicated that he intends to retain a large proportion of the deposit (his reasons are totally spurious but I won't get into that here). I have told him I intend to raise a dispute via MyDeposits, the scheme that my deposit was protected with. However he has just told me that he has unprotected the entire deposit and intends not to comply with the scheme's ADR service, meaning I would need to go through the courts. It's an insurance based scheme, so they don't actually hold the money.

Is he able to do this?? I thought the whole point of the deposit scheme was the protection it offered tenants at the end of the tenancy, if a dispute is raised - what is the point if the landlord can just insist on going to court anyway? At the moment I cannot afford to pay upfront for the court fees and I am sure he is just counting on me giving in without a fight. Am I missing something here? Is there any penalty for the landlord if he refuses to use the ADR service??

I am planning to speak to MyDeposits as well to clarify but can't get through at the moment. Any advice or experiences would be much appreciated...

JB

lastnightiwenttomanderley Wed 31-Dec-14 16:24:20

Hi OP.
There are two ways to protect a deposit. The cheapest is for the deposit scheme to hold the money themselves. The other one is the insurance based system where the LL keeps the money but pays a fee to 'insure' it. The LL should have registered it in one of these ways. If they haven't then they've broken the law and have no rights to it at all. Equally, they shouldn't have been able to withdraw it and if they have unregistered it then this is essentially the same as closing the tenancy agreement without dispute with a view to returning the money to you. If this is the case then they've basically illegally withheld your money.

In short, it sounds like you've got an uneducated or greedy landlord who is trying to pull a fast one. Speak to the deposit service it was first registered with who can give more advice.

jb7445 Wed 31-Dec-14 16:29:12

Thanks lastnight. The deposit was protected with MyDeposits, which is one of the insurance based schemes. I will speak to them when they re-open to clarify. I have just started a dispute with them (I have a LOT of evidence, photos etc.) and it specifically says that they can only continue with the dispute if the landlord agrees - otherwise we need to go to court sad. The landlord has already stated he has no intention of going through the ADR service. Is there anything I can do?

LIZS Wed 31-Dec-14 16:31:22

It doesn't cost much to lodge a Small Claim online. Did he confirm within the statutory timeframe where you deposit was lodged ?

peacoat Wed 31-Dec-14 16:43:05

Ring Shelter and ask for advice. Sorry to hear your landlord is being a dick. It's the last thing anyone needs.

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