View Full Version : Help with claiming a deposit via small claim court.
19-12-2011, 11:41 AM
My tenant left the property 2 months ago. He was in rent arrears for three months at the time when he left the properly in addition the damages he left behind which cost me £2200 to repair. The deposit is £650 and kept with Deposit Protection Service (DPS). Every time I fill a repayment request He rejects it and does not want to use the DPS Adjudication Dispute Resolution (ADR) process to resolve the matter. This vicious cycle has been going on the last 6 weeks. I under the impression that the DPS would advice me on what to do the stop this cycle and provide me with guidance on what to do next soon after the tenants rejected my first payment request. I rang the DPS this morning enquiring about this and to my amazement I was told that this cycle could go for ever as long as the tenant rejects both my claim and using ADR. I was also advised to claim the deposit via small claim court. When I asked why I was not made a ware of this, the answer was is up to me to find out.
Can someone help on who to claim the deposit via small claim court please?
19-12-2011, 11:46 AM
You can start your claim at www.moneyclaim.gov.uk (http://www.moneyclaim.gov.uk)
You sue your tenant for the missing rent and any damages you can prove (allowing for fair wear and tear)
You include at the end of your particulars of claim a statement that the tenant has a deposit of £650 protected by the deposit protection service and that you would like the judge to include in his order an instruction to the DPS that the deposit should be released to you.
Neither you nor the tenant are obliged to use ADR, that's in the terms and conditions you read when you signed up to DPS - it's probably in the 'prescribed information' you gave to the tenant too.
You take your ex-tenant to court and sue for the money you are owed, when and if you win you need to ask the judge to order that the deposit money is released to you and make sure that the DPS is named on the order.
19-12-2011, 12:16 PM
Many thanks for your input. One more question. I have no forward address to the tenant would that be a problem?
Use a tracing company, Finder monkey is supposed to be good. They will probably be traceable by now.
19-12-2011, 14:40 PM
If findermonkey can't find the tenant, you may apply to the court for permission to serve court documents on him at his work address or last known address (your rental property). The court will only grant permission if you have exhausted the search options.
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