Claiming online and no court

[Jon12345]

I spoke to some online help agency a few months ago and they said I can claim online and don't have to go to court with my non-return of deposit dispute with my landlord. Is this true? I hate the idea of having to meet them again.

 

Thanks,

 

Jon

[Snorkerz]

Are you still in your tenancy, or is it over?

 

No one can guarantee that a claim won't go to court - it is the landlords right to be heard in court if he does not agree to your claim.

[Ed999]

If you are claiming through the Tenancy Deposit Scheme, you do not go to court, nor meet the landlord again, because it is resolved solely by written submissions and documentary evidence.

 

But if you sue in the County Court, there will be a hearing which the landlord, or his solicitor, will attend.

 

 

Tenancy Deposit Scheme

 

The Tenancy Deposit Scheme (TDS) was created by the Housing Act 2004. The scheme requires a landlord to protect any deposit which is paid after April 2007 by a tenant.

 

For full details of the Tenancy Deposit Scheme, see:

 

• http://www.legislation.gov.uk/ukpga/2004/34/part/6/chapter/4

 

If the landlord does not comply with the requirements of the scheme, a tenant can sue under section 214 of the Act:

 

• http://tenancyanswers.ucoz.com/index/section_214_claims/0-45

 

 

Tenancy Deposit -

 

The landlord or agent must pay the deposit into the custodial deposit protection scheme, or hold it in a separate account protected by a relevant insurance scheme.

 

The tenancy agreement must state which scheme is to be used, and the circumstances in which all or part of the deposit can be withheld at the end of the tenancy.

 

 

Alternative Dispute Resolution

 

If it is a shorthold tenancy, where there is a dispute concerning disrepair at the end of the tenancy the following matters apply.

 

If the deposit paid by the tenant is currently still protected within an authorised TDS Scheme, the Deposit Protection Service (DPS) - who administer all TDS Schemes - offer an alternative procedure for resolving disputes, to save you having to go to court.

 

They have issued a guide, explaining the disputes procedure they provide:

 

• A Guide to Tenancy Deposit disputes and damages

 

Where a deposit is protected by being placed in the TDS scheme, if a dispute arises at the end of the tenancy (e.g. over alleged disrepair) the parties can choose to resolve it by this procedure instead of going to court (but must begin the procedure within a time limit).

 

Both the landlord and the tenant must agree to use the DPS disputes procedure. It cannot be initiated by only one of them. But it can be MUCH cheaper than a court case.

 

 

The same procedure applies in ANY dispute concerning a tenancy deposit protected in a TDS scheme, regardless of the type of scheme involved (i.e. whether it is a custodial scheme or an insurance scheme), and regardless of which of the three authorised bodies is administering the scheme.

 

 

Further information: Deposit Protection Service (DPS) website