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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My assured short hold tenancy recently ended. The landlord

Resolved Question:

My assured short hold tenancy recently ended. The landlord gave me notice that she intended to withhold my entire deposit (unfairly). The AST says she had 10 working days to do this. She did it on the 11th working day.
The deposit arbitration scheme says they must ignore this as the deadline in the AST is 'guidance'. I don't see how it can be guidance. It is a term in a contract and the landlord has breached that term by retaining my deposit but not notifying me in the required timescale.
My question is, am I better just allowing the arbitration to progress or should I take it to court? Would a court likely make judgement based on the landlords failure to notifiy or would they go through a similar process of looking at the whole circumstances, similar to arbitration?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

On what basis it is being withheld please?

Customer:

Various issues, mostly very exaggerated - redecoration works, minor damage etc. No rent arrears or anything of that nature.

Customer:

I'm fairly confident that arbitration would find to a large extent in my favour, however my confidence in them is shaken as they're ignoring a term in the AST, referring to it as 'guidance'.

Alex Watts :

Even assuming it was notified on day 10 - the situation would be the same as now?

Customer:

Yes, if it was notified on day 10 I'd simply let arbitration run its course. However, if a court would take the view that the AST was breached by failing to notify me in time and therefore award my whole deposit back, I'd take that route.

Alex Watts :

It would but then a Court would also look at the bigger picture, we are only talking 1 day

Alex Watts :

This would certainly go to conduct of the Landlord.

Customer:

So, it would be safest to let arbitration run it's course?

Alex Watts :

But I think you should consider going to Court.

Alex Watts :

The Landlord would have to show on balance that you owe the money

Customer:

OK

Customer:

If I went to court, I'm I likely to incur costs even if I win?

Alex Watts :

No, if you win then any costs are added to the claim.

Alex Watts :

If its under £10,000 and I am sure it is, it would be a small claim

Alex Watts :

Fees are listed here:

Alex Watts :

http://www.justice.gov.uk/courts/fees

Alex Watts :

Can I clarify anything else for you?

Customer:

OK, thanks for your help.

Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.

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