They owe money for rent and damage to the property

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Reclaiming your deposit and claiming additional damages can be a process, but there are options to consider:

Claiming the Deposit:

  • Court Order: Since the tenants are refusing the DPS dispute process, a court order is likely necessary.
  • Small Claims Court: In the UK, claims for damages under £3,000 can be submitted online through the Small Claims Court: https://www.gov.uk/make-court-claim-for-money
    • This can be a more cost-effective approach compared to hiring a solicitor. However, it requires some effort in gathering evidence and presenting your case.

Claiming Additional Damages:

  • Included in Court Case: If you’re using the Small Claims Court, you can include the additional damage costs in the same claim for the deposit.
  • Separate Claim (if damages exceed £3,000): If the damage costs are substantial (over £3,000), you might need to consider a separate claim through the regular court system, potentially requiring a solicitor.

Online vs. Letting a Company Handle It:

  • Online (Small Claims Court): If the total claim (deposit + damages) is under £3,000, using the Small Claims Court online can save you money. However, it requires gathering evidence, completing forms, and potentially attending court hearings.
  • Company: Letting a property management company or solicitor handle the process can be less time-consuming but will incur fees.

Here’s a breakdown of the pros and cons to help you decide:

Online (Small Claims Court):

  • Pros: Cost-effective, relatively user-friendly online system.
  • Cons: Requires effort in gathering evidence, completing forms, and potentially representing yourself in court.

Company:

  • Pros: Saves time and potentially reduces stress, they can handle communication and paperwork.
  • Cons: Additional costs for their services.

Recommendation:

  • Consider the total amount: If the total claim (deposit + damages) is under £3,000 and you’re comfortable with the process, using the Small Claims Court online might be a good option.
  • Complexities or Higher Amounts: If the process seems complex, the damages are significant, or the claim is over £3,000, consider consulting a solicitor or property management company specializing in landlord-tenant disputes.

Here are some additional resources that you might find helpful:

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