Best Deposit Protection for disputes?

by Readers Question

9:52 AM, 16th May 2019
About a month ago

Best Deposit Protection for disputes?

Make Text Bigger
Best Deposit Protection for disputes?

Obviously I have an obligation to protect the deposits of my tenants, but having had 2 poor experiences with My Deposits on the only 2 occasions I’ve had big issues (I have had over 250 deposits protected) I wonder if there is an alternative that gives a less biased dispute service.

I’ve just had a new wooden floor badly marked – and admitted to by the tenant who assured me he’d put it right – didn’t – so I was awarded £85 (specialist said it couldn’t be spot sanded) and same tenant left me with the cleaning and out of £150 invoiced by professional cleaning company (in and out professional inventories supporting) I was awarded £100!! Not a big deal (except the floor) but I would like the support of the dispute service when they are needed.

I just don’t understand the decision but have no right to query it seems. I never normally bother for cleaning of other bits of damage, but he was seriously taking advantage of me.

I hear that there is a new one now called Zero Deposits where a premium of one week’s rent is paid and 6 weeks ‘cover’ given.

Anyone know of or in this system?

Harlequin Garden



Comments

Frustrated

12:09 PM, 24th May 2019
About 4 weeks ago

Reply to the comment left by Ian Narbeth at 24/05/2019 - 11:07Thank you Ian for that very informative post.
If you have read my initial post/comment to the OPs thread you will see that our recent claim via MCOL was dismissed at hearing stage on Tuesday, after 4-5 months of waiting. We are not yet sure the reasons as we weren't present, we return for half the year to my home country.
But its looking very likely due to our claim on the tenant's deposit was first heard and awarded at ADR. This was negotiated via the lettings agent with the ex tenant and DPS. on our behalf.
However as our total claim was well in excess of the deposit by 150% we firstly wanted to go straight to County Count. But the agent advised us against this, they said what was not claimed at arbitration or awarded by the DPS, we could later claim from.the guarantor at SC hearing. All duly noted and filed in 2 separate email conversations.
Does nt look that way, so we might have to seek compensation.
Ian I d be grateful of what your thoughts are on any post ADR claim via CC for items NOT entered in any claim on the tenants deposit, but from a guarantor under their obligations.
Thank you kindly.

Harlequin Garden

12:18 PM, 24th May 2019
About 4 weeks ago

One of the frustrations I've found with the dispute service is that they don't have a format for calculating the amount they will award for damage - they have the mantra about 'betterment' - and heaven forbid we could be put back in a better position but when pressed on how they actually calculate the amount awarded they just go into repeated nonsense followed by 'there is no set calculation' - so it's all based on fairy dust anyway.

Ian Narbeth

12:44 PM, 24th May 2019
About 4 weeks ago

Reply to the comment left by Frustrated at 24/05/2019 - 12:09
Dear Frustrated
I see you have just posted a fresh thread so I will respond there.

Seething Landlord

12:47 PM, 24th May 2019
About 4 weeks ago

Reply to the comment left by Frustrated at 24/05/2019 - 12:09
You seem to be under the impression that you have separate claims against the deposit, the tenant and the guarantor. You don't. Your only claim is against the tenant. If the claim succeeds the tenant is liable to pay the amount awarded - it can be funded from any source e.g. the deposit (but the DPS insist on a court order directing them to pay it to you if you have not used their ADR service), by the tenant himself or the guarantor. It is only if the tenant fails to pay that you might have a claim against the guarantor, whose obligation is to pay amounts legally due from the tenant. It appears that your claim against the tenant has been settled via the ADR adjudication so there is nothing due from the guarantor.

Frustrated

12:50 PM, 24th May 2019
About 4 weeks ago

My brother in law just sent a scanned copy of the Judgement by the County Court emaiing it to us. The letter arrived this morning at our home. It's a simple 3-4 line letter, to state the Claimants claim is dismissed. No costs awarded, and gives no reason or reference to CPR for the decision.
But strangely awards £75 for 2 items missing on the inventory. £75 from £1700 in total for items in clear breach of our AST.

We shall firstly enquire the reasons for the dismissal, then if there are grounds appeal. This is disgraceful.

Ian Narbeth

12:51 PM, 24th May 2019
About 4 weeks ago

Reply to the comment left by Seething Landlord at 24/05/2019 - 12:47
Seething Landlord
You may be correct but if the guarantor gave an indemnity they might be sued even without a claim against the tenant.

Frustrated

12:53 PM, 24th May 2019
About 4 weeks ago

Reply to the comment left by Ian Narbeth at 24/05/2019 - 12:51
"Deed of Guarntee" is that an indemnity?
But never the less Ian, the claim was dismissed, as for the reason the judge did nt state.

Thank you.

Frustrated

13:16 PM, 24th May 2019
About 4 weeks ago

So this shines some different light on the matter, thanks "Seething' So starting again, ADR claim on TENANTS deposit, award granted. Further figure to be recovered in excess and NOT entered into ADR on tenants deposit.
Small Claims court dismiss my claim on guarantor in regard to TENANTS debts.
File a new claim on the Tenant for these debts, recoverable if successful from guarantor.. Is that correct or not?

Frustrated

13:30 PM, 24th May 2019
About 4 weeks ago

Reply to the comment left by Frustrated at 24/05/2019 - 13:16Sorry, on second thoughts what you are saying cannot be right, as why did the court make a judgement for £75 from the Guarantor, then? Help please Ian.

Seething Landlord

23:34 PM, 24th May 2019
About 4 weeks ago

Reply to the comment left by Ian Narbeth at 24/05/2019 - 12:51
I guess it depends on the wording of the guarantee.

1 4 5

Leave Comments

Please Log-In OR Become a member to reply to comments or subscribe to new comment notifications.

Forgotten your password?

OR

BECOME A MEMBER

Post-Brexit binge in commercial property?

The Landlords Union

Become a Member, it's FREE

Our mission is to facilitate the sharing of best practice amongst UK landlords, tenants and letting agents

Learn More