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Rach83

Huge dispute - LL wont agree to ARD - Now has stopped responding to my letters

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Hi there again,

I've posted a few times here about a dispute with my LL i will go back over the threads and link the posts in for people to re - read its a long story so ill add a short version below.

Just to go over quickly - My LL wants to keep my deposit at first he wanted a whole new bathroom suite fitting (for the sake of a cracked cistern lid) He's now added more things to his list such as cleaning & professional redecoration he's not consistent in what hes claiming for and seems to be trying anything to keep the deposit. He never completed a check out inventory untill 4 weeks after we moved which we also have not signed or agreed too.

We have asked him via the DPS site to take it to the alternative dispute resolution department and also 2 times in writing. To which he has declined. Our last letter from him threatened us with a small claims court (again) to which we agreed too (again) but he seems to be dragging his feet now. We wrote a long letter to him on the 20th Sept and resent it last week recorded delivery as we've had no response from him. 

We've given him to the 17th of this month to respond on this date it will be exactly a month since we had any letters from him. 

What should my next step be if he doesn't respond? I've rang the DPS and they have said if he doesn't contact me or them with in 6 months i can claim the whole bond back with out the need for the resolution department or court to get involved. They also made it known to me that on the 10th sept they sent him a personal email asking him to agree to the alternative resolution department but he's not responded to their email either. 

In his last letter he informed us that he would be seeking the full amount from us in court and also any financial losses such as his mortgage for the time that the property is stood empty which upto now stands as 2 months almost. Can he claim for this when its not us that is slowing the process down its him?

I really wish he would just bite the bullet and agree to the alternative resolution department - along with his last letter he included photos to us to back up his claim for the money so hes more or less sent us things that the ARD would be interested in seeing plus there help is free where as a small claims court he'd have to pay.

Any advice?

 

 

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Hi Dorkinds,

The DPS never said anything about the single claims process so thank you for mentioning it to me I have logged onto my deposit today and started a single claim.

Thank you for your help.

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1 hour ago, Rach83 said:

Hi Dorkinds,

The DPS never said anything about the single claims process so thank you for mentioning it to me I have logged onto my deposit today and started a single claim.

Thank you for your help.

You're very welcome, best of luck with it!

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I had a landlord like this who went through a huge list of excuses as to why he wasn't returning the deposit, though he had failed to carry out the inventory when we first moved in so he had no legitimate reason at all.  I went through the process recommended by the deposit protection scheme, and they ended up giving the entire deposit back to us (they wrote the landlord a rather unkind letter).  I'd say don't panic and follow the process.  If he only did the check-out inspection 4 weeks after you moved out, that probably seriously weakens his case (though you should look up the exact rules to give yourself more information).

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I agree with RichC and dont panic, follow the process.

I had similar with a landlord 5 years ago, although it wasnt that he refused to respond to the DPS but more that we disagreed over the amount we had to pay to him for (minor) damage and therefore despite two attempts at resolution between ourselves. (i.e. we made him offers but he refused) we then entered into the arbitration process via DPS with them making a judgement at the end, after submission of various evidence data -> check-in, check-out info and comments etc

I found the whole process very well handled by DPS, and such a massive improvement to the days of old. The DPS assessed all the documentation and written comments (basically our responses to his various claims, alongside the check in/out documents) and by the end the DPS then made a judgement.

They awarded him slightly more than our first offer, but less than our 2nd offer... so a reasonable result and in my opinion completely fair. We were very happy with the process it was handled well.

Note: his initial claim on us was around the £2000 mark, ranging from replacing all carpets/sanding wood floor etc etc.

Our initial offer was £200 and I believe the 2nd offer was £250 (basically for the collection of couple larger items left behind, minor repairs outside normal wear and tear)

DPS awarded £210 :)

Hope yours turns out just as well! 

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Maybe somewhere should a forum where people share localization which are rented by landlords that are not fair... It's such a huge problem.

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