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Tuesday, April 19, 2011

Tips On Tenancy Deposit Disputes 40: Get A Court Order

Tip 40: Get a Court Order
Some people prefer to use the small claims court rather than adjudication. Although there is a fee to pay to bring a claim through the county court, and you might end up paying costs if you lose, there are circumstances where court is the more sensible option.
Many landlords who decide to use court, and whose deposit is protected by the DPS, the custodial scheme, run into difficulties. The DPS do not like to pay out the deposit without a court order that specifically directs them to do so, and some district judges don’t like to make orders that refer to parties who are not directly involved in the dispute. This can lead to an appallingly frustrating, Catch 22 situation, whereby even after having won their court case, landlords still cannot get their hands on the deposit.
The simplest way to resolve the situation is the return to the court that gave judgment and ask them nicely to amend the order. Court service staff are usually very helpful and if you explain the situation to them, they will normally ask the judge on your behalf. There may be a fee, of course...
Tom Derrett is the Principal of Deposit Claim, an experienced deposit protection adjudicator and an expert on the Deposit Protection Schemes. Tom helps landlords to claim money through the deposit protection schemes.

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