Landlord wants me to pay for dispute resolution

[alika22]

My landlord/letting agent has said they would like all my my deposit as the house was not sufficiently cleaned. I would like to dispute this. My deposit is registered with the DPS. The problem is reading through the contract, it states that if the letting agent is required to submit information to the ADR, I would be required to pay £100 plus VAT.It also states that if there is no deposit left, I would have to pay for it out of my own money. Is this legal?

[The Carpet Cleaners]

Could you put the exact words up on here please?

[alika22]

The deposit: It is agreed that: 1. where any costs charges or expenses are incurred these shall include the landlords agents reasonable fees and disbursements including where applicable a charge of £100 plus VAT for preparation of a schedule of delapitation, obtaining estimates and preparation of evidence for submission to the ICE.2. If the deposit should be insufficient for the purposes of this agreement, the tenant shall pay the landlord within 14 days of demand such further sum as shall in the opinion of the landlord or the landlords agents be reasonably required for such purposes

 

Am I reading this wrong? Or does it mean what i think it does?

[The Carpet Cleaners]

It looks like it means what you think it does...

 

However it does not seem to include (and nor should it) a dispute in the SCC, where if you should win the LL/agent has to pay the costs.

[alika22]

so I'd have to not agree to ADR, but go to small claims court instead.....might as well start looking in to this option then....so much for 'deposit protection'

[The Carpet Cleaners]

start with a letter before action to the LL he may just give it back or agree with you how much to give back. Remember the deposit is LL responsibility not the agents, and you have no loyalty or deal or contract with the agents only LL.

So it you can talk and deal direct with the LL so much the better, if not then you have his address, send LBA and then start SCC through MCOL.

Once you start this route you must inform the DPS who will then place your deposit on hold and no one can get it without the court ruling letter.