Deposit protection issue - deposit return?

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    Deposit protection issue - deposit return?

    Hi,

    I have an issue where I am in dispute with the LL over our deposit. I have been informed by mydeposits.co.uk that unless we have a court order or written agreement within a 6 month time frame the deposit will be returned to the LL. My understanding is that the deposit belongs to the tenant unless the LL can prove he is owed money from the deposit, so why should it be returned to them?

    #2
    They don't want to hold on to the deposit, or to be involved for ever.

    6 months is more than enough to sort out the dispute. After that they are out of it: if one party does get a court after more than 6 months they'll have to enforce it directly.

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      #3
      Does the scheme offer Alternative Dispute Resolution (ADR) themselves?

      Comment


        #4
        Sorry, they do offer ADR but it has been declined.

        My question was why the deposit goes back to the LL and not the tenant? The deposit is legally considered to be the tenants.

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          #5
          "Mydeposits" is an insurance backed deposit protection company. So the landlord has always had the money in his bank account.

          Only the "DPS" company makes the landlord hand over the money to them.

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            #6
            In case of dispute, the landlord must transfer the disputed amount to the scheme whether he agrees to ADR.

            The scheme then holds it and waits for 6 months to get the decision of the court before sending it back to the other party.
            So if it is the landlord who rejected ADR, then the deposit will be sent to the tenant if court proceedings are not initiated.

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