Deposit Negotitations with Landlord

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    Deposit Negotitations with Landlord

    I am moving out of my rented home shortly, i have caused some damage which I notified the landlord of when it happened and they have recently visited to discuss the cost of repairs, which we have agreed. The landlord is now asking that I pay this money to them directly. It is not possible for the work to be done before I vacate or before the inventory is checked, so I am uncertain of the correct protocol. I assumed the landlords visit to discuss costs would save time and negotiation later, but they are asking me to pay for the works now on the basis I will get my deposit returned more quickly. I am naturally apprehensive about this and am not sure if this is how things normally work. What is the correct procedure? I don't understand why the landlord would want payment separately instead of taking from the deposit, as it is intended for. It makes me nervous that I may end up paying twice. Am I being paranoid?

    #2
    If you have agreed an amount then the landlord can notify the deposit scheme to release the remainder to you very quickly.

    You are right to be apprehensive. Sounds like the landlord has no money of his own, hence why he wants you to pay separately.

    In also am wondering if the landlord has actually bothered to put the deposit into one of the schemes. Did you receive any paperwork telling you where your deposit is held?



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      #3
      If you pay for the damages, you will then be returned the deposit by who ever is administrating it. The only reason why the LL is saying you there may be delays is that both parties needs to go through the process, and then the deposit scheme will release the funds to the party it has awarded it to. This can take time if either party doesn't respond, and usually takes the deposit scheme 7-10 working days to issue out the funds.

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        #4
        If the deposit is protected properly and is in a custodial scheme, your landlord won't be able to take the money twice unless you agree to it (which, obviously you wouldn't).
        If it's in an insured scheme, they've already got your money and you could agree to them using it now.

        I'd guess it's in a custodial scheme and it's a matter of cash flow.
        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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          #5
          I am sad to say that after paying a lump sum to my landlord, they are now claiming the full amount of my deposit also. My deposit is held with DPS and I understand they are generally fair in their dealings, but after reading reviews online it appears they do not always review disputes thoroughly and this can mean that their decisions aren't always fair. I believe I have good evidence based on reading DPS case studies but am nervous after reading the reviews. Are there any tips I should be aware of to ensure my case is presented for the best possible result? What is your experience of the DPS dispute process?

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            #6
            they tend to favour the tenant

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              #7
              Originally posted by Maymiss View Post
              Are there any tips I should be aware of to ensure my case is presented for the best possible result? What is your experience of the DPS dispute process?
              The process seems to have changed recently.
              The landlord claims from the deposit and that claim should have a summary of what they are claiming and why.
              You dispute that and then you both have one chance to explain your side of the story.
              But you do that with only access to what the landlord has briefly summarised, you both seem to submit your explanations blind other than that.

              Then the adjudicator makes a judgement.

              There are examples of their process on their website, with some examples you can work through yourself.
              Most landlords believe adjudication favours tenants - I've been awarded exactly what I'd claimed, but I make claims based on the rules that the DPS use to adjudicate claims in the first place.
              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


                #8
                I hope you didnt pay the lump sum in cash with no receipt.

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