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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70186
Experience:  Over 5 years in practice
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Is it worth disputing a student deposit through the deposit

Resolved Question:

Is it worth disputing a student deposit through the deposit scheme when the agency we're dealing with are not following protocol and have not given any paperwork to the tenants. Should we just go straight to court.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
It is worth using the deposit scheme just from the point of view of court costs. Also, if you don't use the deposit scheme they may try to get costs against you at court for issuing too quickly.
Of course, it is a risk that they may dig their heels in if you dispute the reductions. That will only mean you will have to use the law to resolve the dispute. It won't mean they will win necessarily.
In principle though, the small claims court will expect you to use all other options before you issue.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.
MyDeposits states that their decision is final. The agency scared the students into signing the MyDeposit form by saying if they didn't the landlord will find more reasons to keep the whole deposit. They were not sure if they were signing what they were getting back or keeping. Because the form was signed even though they argued the charges we fear the adjudicator will go with the agency. If the outcome is in favour of the agency can we then take it further? As they signed under false pretence.
Expert:  Jo C. replied 2 years ago.
Not on this basis.
If the deposit scheme finds against you then that is a binding decision as far as this goes.
The small claims court can hear certain claims but not here.
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