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Rach83

Nightmare With Dps & Landlord Help Needed Please -

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Hi again guys - Following on from this thread -

http://www.housepricecrash.co.uk/forum/index.php?/topic/226524-landlord-and-tenant-advice-dps-resolution-rejected-by-landlord/#entry1103088610

ON Thursday I had a email from the DPS stating that my X Landlord had issued another repayment request - we have already been throu this last tues / wed iv declined again and issued a payment request back to him in which hes declined- I then asked him AGAIN to use the resolution service.(i did at this point have it in my head that there was no other option but court as the customer service advisor from the dps told me to follow the single claim)

This morning I have received a letter from him

He states on this letter that "A full inspection" had taken place and they have compared the condition with a "check in inventory" and conclude that theres a number of contraventions of our tenancy agreement which they advise us to refer. I really don't think we have the same contract - as in my Tenants obligations section of my agreement it states - "For the avoidance of doubt the tenant will not be responsible for - Fair wear and tear to the property" (now that is our decoration and carpet issues covered from his First letter so how have we "breeched" our tenancy?)

The cistern lid issue I am awear this is classed as damaged is this what hes referring to in his above statement?

He has also said on his letter "you have rejected our claim with the DPS (they kept requesting the £500 which we disputed but then declining help from the resolution service when we suggested we take it there) he says on the letter that there is a number of times allowed to request the bond back (is there?) He then has wrote saying "to move this issue forward we will collate all quotations, and if your decision remains to retain the bond we will have no alternative other then to seek judgement for the full cost of the repairs via the county court" What the hell? As said in my other thread (link above) the judge wont look on it very well as hes declined help from the resolution service.

So my questions here are - Can a "full inspection"(i take it he means check out inventory) be done with out the X tenants there 2 weeks after they have moved out?

If so Shouldn't we be provided with a copy of this "full inspection" and expected to sign/ agree to it?

Is there a limited number of times they can request the bond back via the DPS?

Also is there anyway I can take this to the resolution service alone? I was under the impression that we both had to consent to it but he keeps decling this offer.

Again Iv put a link up top to my previous post - any help or advice would be great.

Sorry if it all seems a little long winded (again) I'm really not sure what to do at this point, - please help

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In my experience with the DPS they are fair. If you were not present for the checkout then it may as well not have happened. Always a good idea to take a video when leaving a rented property. I was in dispute with my landlord over £1500 and went the single claim route. DPS gave it all to me as his claims weren't raised in the checkout. The fact you have admitted damage to the cistern suggests you are not trying to shirk all responsibility. Don't give up, you will find it empowering to take him on. Speak to the DPS about making multiple claims and what to do if he rejects the single claims procedure. If it goes to small claims court it is quite straightforward and will just be you, him and a magistrate. I can't see the court being impressed with his behaviour. Good luck and keep us informed.

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Hi, Read both threads.

First thing is to check if you (or your husbands) work/union/club/insurance/any-other-affiliation has a free legal advice service... if so use it!!

Citizens advice and http://www.lawcentres.org.uk are other sources of legal advice. And some solicitors my give you a short consultation free.

Right now start thinking like a lawyer...

Has your landlord given you a written break down of their claims agains your deposit? If not then in neutral language without admitting any liability ask for a written break down of the items that they are claiming agains the deposit.

Now think about what the broken toilet lid is worth... get some facts/quotes for replacing the lid/whole toilet. Now you can consider making a proposed settlement for what you consider the fair value of the toilet lid. Write a recorded delivery letter to the landlord proposing the settlement and rejecting the other claims based on quotes from your tenancy agreement. Request the remaining amout be paid within a reasonable timeframe (7 to 14 days perhaps) and if payment is not forth coming state you will be seeking legal advice with the intention of taking the landlord to small claims court.

That should focus their minds!!

I'm not a lawyer... Seek proper advice... stay cool calm and collected and don't let them get away with YOUR money!

Good luck!

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As it has been over two weeks since your tenancy has ended and no agreement has been reached I would just start a case with the dps. You should be able to log in the dps site and "create a claim", "raise a dispute" or similar (Start Single Claim Process). You don't need the landlords permission to do this.

Push everything through the dps resolution centre at this point. I would stop responding to queries from the landlord other than to say that you intend to resolve the matter through the dps arbitration process and they should be in contact with your landlord shortly.

If you are having an issue with the dps or don't understand any of the process, then contact the dps. Stop just clicking buttons :)

Make sure you gather all the evidence. All the correspondence and a timeline of events. State your case - you want your deposit back in full (or minus reasonable costs for the damage to the toilette) but you are unable to come to any agreement with the landlord on the amount. So far, the landlord has failed to return any of your deposit.

On the dps website there will be guidance documentation for making and submitting a claim. They will want copies of your tenancy agreement and a few other things. An inventory after the fact isn't worth much as the property could have changed state since you vacated (think about someone breaking in and vandalising the place or workman damage etc...)

If you didn't see anything or witness it happen don't sign or agree to it. If you don't recall any damage being done, call it out and state it wasn't in that condition when you vacated the property. Supporting evidence such as pictures or video is very helpful.

https://www.depositprotection.com/help/browse/custodial/agent-landlord/single-claim-process - may be useful.

Relevant information would include that the carpets were not new when you moved in - if you know the age of the carpets that can be useful, as it helps the assessor work out a value, should they decide it isn't fair wear and tear.

That fact the previous tenant provided the carpets isn't relevant.

Same applies to the state of the property - again any pictures or video you have that compares when you moved in to when you moved out is more useful than inventories, but use your own judgement here if you believe it will support or hinder your case.

Edited by Squeeky

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As above pursue through the Dps.

I notice you refer to a bond. On the off-chance you are a kiwi, the DPS is like the tenancy tribunal so they are working for you, the tenant.

Your landlord is trying it on, as you describe it he doesn't have a chance so submit his emails and letters as evidence with your check in inventory and I'm sure you will see most if not all of your £500. If you need independent advice, Citizen's advice service is a good call.

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i had a nightmare once trying to get deposit back. Landlord constantly ignored all my written requests. As you can't enter DPS tribunal unless landlord agrees you have to take them to the small claims court referencing that they are refusing to cooperate by the DPS tribunal rules. One summoned then they will either go to the tribunal or go to court, in my case they went to tribunal and I was awarded 99% of deposit. If it goes to small claims it won't look good on landlord for ignoring requests to resolve the matter by tribunal which they will have already agreed to.

good luck and dont' let the f*ckers get you down

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Also make a date and time note of every time you have contacted the landord about this and what the outcome is. It is very important you have actual facts rather than rough statements.

 

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