Deposit scheme dispute process

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W
Wilma
4 Posts
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Hi guys

Has anyone had experience of tenants not following the deposit dispute scheme and wanting to go to court over the deposit?

Tenants moved out early June, the agent did the check out inspection and sent them the report, photos and costs. Tenants get themselves a solicitor who calls the agent randomly with odd questions, but doesn't state what exactly the problem is - what part of the report etc is the tenants not happy with. The solicitor has also written to the agent but here too no clear questions or stating what exactly they are after.

The deposit dispute scheme 3 month window for tenants to raise a dispute expired early September - still no conversation or a dispute raised with the deposit company. Agent gives tenants a further two weeks to do something - still nothing. So he split the deposit, sending me the disputed amount and the tenants the balance.

The tenant called the agent today (first time in almost 4 months) shouting at him that he split the deposit illegally and that his solicitor says he can take us all to court and that he will win.

Bearing in mind that they have never spoken directly with the agent or myself stating what they are unhappy with, not raising a dispute during the window to do so and with the agent giving them extra time - can they really go to court?

If anyone has any insight to this kind of thing, can you please let me know. I'm trying to find out with them not following the deposit dispute scheme process would they win something like this?

Thanks
Upset and emotional!
25/09/2014 17:18

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