Choice Rentals - Professional Letting Agents | Page 22

The Agreement setsout clear principalswhich serve to advise the tenant when a claim
can be made against their deposit. Confusion sometimesoccurs in that landlords, not
unreasonably, interpret theseclauses as allowing us to releasefunds without reference
to the tenant. Unfortunately this is not the case as they serve only to set a principal
under which a court or arbitrator can award; they do not relieve us of our obligations as
stakeholder.
In order to protect your position it is important for you to be seen as proactive in dealing with
the claim, both in termsof responding to enquiriesand meeting deadlines confirmed within
the Agreement.
Mydeposts will not adjudicate on disputes raised more than three months after the end of
the tenancy. In cases where this deadline passes, and agreement cannot be reached, you will
need to mount a claim through the courts.

•
•
•
•

The deposit cannot be released until agreement hasbeen reached or we are in
receipt of a judgement.
In themajority of casesadisputecan be referred to the Mydeposits
There is a three month deadline from the end of the tenancy for a dispute to be
referred to Mydeposits
Where Mydeposits cannot adjudicate the courtscan decide where liability
rests.

What if the deposit is not protected?
Unless the tenancy falls outside of the Housing Act you will have made your own
arrangements to ensure you are compliant by protecting the deposit with an alternative
scheme. In thissituation we are unable to liaise with the scheme on your behalf.
Where the tenancy falls outside of the Housing Act, unlessyou have made arrangements
with another scheme, any unresolved dispute will usually need to be referred to the courts
unless the agreement made provision for an alternative form of arbitration.
AsChoice Rentals isnot a party to the Agreement we are unable to mount a claim
on your behalf; however, wewill assist you in preparingyour claim through the provision of
copy correspondence.

•
•
•

You personally will need to liaise with the scheme you choseto protect thedeposit.
Aswe are not a party to the agreement we are prevented from mounting a claim
through the courts on your behalf.
In both cases we can assist you by providing copy documentation.

What if you are not holding a deposit?
With a corporate tenancy you might have agreed to accept a letter of guarantee, rather than
a cash deposit. In many cases a corporate tenant will employ the servicesof a third party,
often referred to as a relocation agent, to handle the claim and protect their interestsin
heading off speculative or inflated claims.