I have my deposit registered with DPS. The landlord has made some claims but I have disputed them and have agreed to use the DPS dispute resolution. However, the landlord has declined to use the dispute resolution. Do I go on the proactive and file a court claim to get my deposit back?
Ask the DPS what the next is in you reclaming you full deposit.
according to dps, they will wait for a court order to release the money
I was surprised of this, as have never been in the situation, but having checked the DPS site, it does say;
“If either party decides they don’t want to use our free Dispute Resolution Service, the dispute will have to be resolved through the courts which can be costly and time consuming.”
So, I guess you have no option but to issue proceedings through small claims. You can use Money claim online. Before doing so though, I’d send a ‘letter before action’ to your Landlord making clear this is your intention, if they don’t refund the amount you have requested. If they don’t have proof their deductions are fair & reasonable they would be crazy to allow it to go to court.
They do not have any proof. The landlord never gave me an inventory report and I have photos and videos of how I left the property. So I know why they did not want to use the dispute resolution.
But yeah it seems like money claim is my only option
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