Small claims to get deposit back

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    Small claims to get deposit back

    I would appreciate any advice regards taking my LL to court for deposit return.
    Deposit is held with DPS, it took a month for LL to supply the deposit ID so I could request the deposit back. Then they didn’t respond to my claim and I was advised by DPS to complete a statutory declaration, between me sending this and DPS receiving and logging it the LL responded and we both agreed to dispute resolution. However, DPS then received the SD and this cancelled out the dispute process. I contacted them and stated again I’m happy to use dispute resolution, they said they had to ask LL permission again to go ahead and this time they declined, so I’m now advised I have to go to small claims court and obtain a court order for DPS to release my deposit.
    I’m pretty stressed out about this, is it worthwhile engaging a solicitor? Do the courts decide on what’s fair in a similar way to DPS? It’s a high value deposit, almost £4K, so I can’t let it go.

    #2
    It sounds from your previous posts that you owe the landlord 12 months of rent (which he will have to mitigate). The reason LL wants this to go to court I guess is that they are going to be claiming for more than the 4K deposit.

    You just aborted on a 12m AST right? Why do you think you should get your deposit back? What was the monthly rent?

    Your claim against LL sounds like it's about major potential breaches of contract well beyond stuff to do with usual deposit related issues. LL claim is going to be that you owe several months of rent. That's not something that is within the remit of the deposit scheme adjudicators. Has the property been re-let?

    If you walked away from a tenancy agreement, and your only loss will be the deposit (? 6 weeks or so of rent) it sounds very much to me that you would be ill advised to precipitate legal action, and rather leave the landlord to do that if they are so inclined. You can always counter-claim.

    Comment


      #3
      Originally posted by May79 View Post
      I’m pretty stressed out about this, is it worthwhile engaging a solicitor? Do the courts decide on what’s fair in a similar way to DPS? It’s a high value deposit, almost £4K, so I can’t let it go.
      You can retain a solicitor, but the small claims process is quite simple and much cheaper.
      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


        #4
        Andrew Dodd, this is from my previous tenancy.

        Comment


          #5
          Originally posted by May79 View Post
          Andrew Dodd, this is from my previous tenancy.
          How many catastrophic tenancies have you had in the past 6 weeks?

          Comment


            #6
            I moved 10 weeks ago... the previous posts you read relate to my new tenancy.

            Comment


              #7
              Originally posted by May79 View Post
              I moved 10 weeks ago... the previous posts you read relate to my new tenancy.
              Please post links to the previous threads that this thread refers to. Then it will be easier to merge the threads into one.

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                #8
                Tbh just issue small claims proceedings. You've done what you can and the Landlord is clearly not going to play ball. Small claims almost never makes an order as to costs (unless you are extremely belligerent or didn't follow the process) so there's very little at risk for filing a claim. This is quite straightforward and I doubt you'd need a solicitor. That said I only know what you've written here, i.e landlord not agreeing to pay it back and seemingly not responding.

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