Tenant Deposit Return Dispute - Court Action

[LimmerickLad]

If either the Landlord or Tenant decide to go to Court rather than use the DPS' Resolution service to negotiate / agree deductions at the end of the tenancy, AIUI the DPS would hold the deposit until the outcome of the case, however who would the tenant make the Court Claim against:

The Landlord personally as the signatory to the contract or the letting agent that manages the property and signed the contract on the Landlord's behalf and is the driving force behind the proposed deductions?

[Louis Balfour]

LimmerickLad said:

If either the Landlord or Tenant decide to go to Court rather than use the DPS' Resolution service to negotiate / agree deductions at the end of the tenancy, AIUI the DPS would hold the deposit until the outcome of the case, however who would the tenant make the Court Claim against:

The Landlord personally as the signatory to the contract or the letting agent that manages the property and signed the contract on the Landlord's behalf and is the driving force behind the proposed deductions?

Short answer: The LL because they are party to the contract.

Long one: Why on earth would you turn down a free service, whose organisational motto is "We bum landlords", in favour of a paid service who will think you are a prat, be annoyed that you are wasting court time, suspicious of why you're avoiding the resolution service and be falling over themselves to teach you a lesson?

Most landlords won't st themselves because you've started a money claim, but they might piss themselves laughing.

[LimmerickLad]

Louis Balfour said:

LimmerickLad said:

If either the Landlord or Tenant decide to go to Court rather than use the DPS' Resolution service to negotiate / agree deductions at the end of the tenancy, AIUI the DPS would hold the deposit until the outcome of the case, however who would the tenant make the Court Claim against:

The Landlord personally as the signatory to the contract or the letting agent that manages the property and signed the contract on the Landlord's behalf and is the driving force behind the proposed deductions?

Short answer: The LL because they are party to the contract.

Long one: Why on earth would you turn down a free service, whose organisational motto is "We bum landlords", in favour of a paid service who will think you are a prat, be annoyed that you are wasting court time, suspicious of why you're avoiding the resolution service and be falling over themselves to teach you a lesson?

Most landlords won't st themselves because you've started a money claim, but they might piss themselves laughing.

Thanks for the short answer........although, as I am both a landlord and a tenant of several properties, you seem to making making a few assumptions in your subsequent long answer and, as with most things, there may be more to this than meets the eye.

[Countdown]

LimmerickLad said:

If either the Landlord or Tenant decide to go to Court rather than use the DPS' Resolution service to negotiate / agree deductions at the end of the tenancy, AIUI the DPS would hold the deposit until the outcome of the case, however who would the tenant make the Court Claim against:

The Landlord personally as the signatory to the contract or the letting agent that manages the property and signed the contract on the Landlord's behalf and is the driving force behind the proposed deductions?

Is it the Letting Agency that makes the decision on retaining/ repaying the deposit. I would have assumed that would be the LL and therefore the LL who gets sued.

[LimmerickLad]

Countdown said:

LimmerickLad said:

If either the Landlord or Tenant decide to go to Court rather than use the DPS' Resolution service to negotiate / agree deductions at the end of the tenancy, AIUI the DPS would hold the deposit until the outcome of the case, however who would the tenant make the Court Claim against:

The Landlord personally as the signatory to the contract or the letting agent that manages the property and signed the contract on the Landlord's behalf and is the driving force behind the proposed deductions?

Is it the Letting Agency that makes the decision on retaining/ repaying the deposit. I would have assumed that would be the LL and therefore the LL who gets sued.

That's in line with my thoughts but the agent has a bit of an agenda of his own with this particular tenant.

[MustangGT]

The agent is exactly that, an agent for the LL. The contract is between the LL and the tenant and are the only parties that are relevant.

[Wings]

LimmerickLad said:

Thanks for the short answer........although, as I am both a landlord and a tenant of several properties, you seem to making making a few assumptions in your subsequent long answer and, as with most things, there may be more to this than meets the eye.

^^ Agree, there usually s more than meets the eye.

This LL always retains the tenant/s deposit monies, and although in 35 years I have only deducted monies from three departing tenant/s, if disputed then I always take the court route.