Landlord witholding deposit

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    #16
    Originally posted by leaseholder64 View Post
    I wonder whether it would be better to refuse the dispute resolution option and get the deposit back in full. The landlord would then have to pursue the rent in the courts. From the sound of things, they may well not want to do that..
    But the landlord has possession and control of the deposit?...
    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

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      #17
      The LL broke local Planning rules but Council did not serve an imm Prohibition Order on the Property, requiring all Occupants to find alt accom,, but served LL with standard 3 month Improvement Notice and advice on how to comply.T IMO rent was due until LL gained lawful possession. Valid T NTQ still reqd, but IANAJ.

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        #18
        Originally posted by jpkeates View Post
        But the landlord has possession and control of the deposit?...
        The deposit is supposedly protected, otherwise the tenant should be going after the deposit penalty.

        If is protected, either a DPS is holding it and in control, or the landlord is contracted to return if if the ex-tenant demands it. The tenant is beneficial owner of the deposit until he agrees it may be used by the landlord, agrees dispute resolution and the resolution is that the deposit can be used, or the courts order it to be used.

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          #19
          Take legal advice from a housing solicitor.
          I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

          I do not answer questions through private messages which should be posted publicly on the forum.

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            #20
            leaseholder64,

            The deposit is in the landlord's control even if the deposit is protected (it's held by the scheme on behalf of the landlord.

            In practice, there is almost no way for a tenant to decline arbitration and get their deposit back, without the agreement of the landlord.

            If the deposit is custodial and the landlord (or tentant?) tells the protecting organisation that the issue will be decided in court, the organisation simply locks the deposit until the issue is resolved.

            If the deposit is insured, the organisation tells the landlord to return any part of the deposit that is not contentious.
            Either the landlord tells them that it's all disputed or doesn't return the part they're meant to.

            And if the tenant doesn't go through the dispute process, they'll probably have to explain why in the small claims court.
            When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
            Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

            Comment

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