A news report out by My Deposits shows that 91% of tenants get their money back at tenancy deposit arbitrations. The report states:
“Figures from mydeposits.co.uk show 91 per cent of dispute cases settled by the scheme’s independent adjudication service found in favour of the tenant. The average amount in dispute was £733, which is significantly lower than the average deposit of £1,052.
In only nine per cent of cases landlords and letting agents were able to withhold the full deposit.”
However the report goes on to say that only a small proportion of deposits, 0.35%, actually go to arbitration. This could mean though that it is still largely only the good landlords who are protecting deposits, and that the bad landlords, the ones who will habitually make unjustified deductions, are still refusing to comply.
It would be interesting if the Deposit Protection Service could follow up their survey reported in July 2008 (and discussed by me here) that 62% of landlords were failing to protect.
Can someone please help- I am fed up of reading all these reports in favour of tenants and slating landlords. I am a landlord of a flat and have always followed the rules, and paid the deposit to the DPS. the tenant was in serious breach of his contract- when he left he changed the locks, not allowing me entry, took fixtures and fittings with him, and did not return them, dumped rubbish in the flat which i had to remove and caused structural damage which i have got quotes for etc. My solicitor signed a swon affadavit to the dps stating that all this was true etc, even the tenant's solicitor has agreed he is wrong and I am therefore entitled to the deposit to cover his actions. However the dps are refusing to accept any of this and give me the deposit, saying its now going to an adjudicator? Why?? This is been ongoing for 8 months- what else can i do? It si so biased towards the tenant, even if they break the law. I do hear horror stories of landlords, but we arent all like that yet it seems we are all tarnished witht he same brush. Why is it so hard for a decent honest landlord and the tenant is allowed to damage my property?? Are they allowed to withold my money despite solicitors stating to the contrary?
Oh I'm so sorry, I am also in the same position. Tenant has breached lots of points on tenancy agreement, but letting agent have been no help at all. It's so unfair when damage is caused to your property and the tenant can get away with not paying for the repairs. Why isn't there any protection out there for the poor landlords?
I know a lot of landlords have been very unhappy with the way arbitration's have been conducted. Take a look at this post and this one here, for some discussion on this.