18:38 PM, 10th July 2014, About 12 years ago 105
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I was renting a property as we were renovating our own property. We took very good care of the house and had it professionally cleaned before we handed it back to the estate agency, who was happy but requested that the external drains be cleaned and the grass cut. Both were done.
After that began a long set of emails with rubbish claims from the owner such as there are weeds in the garden, cracks in the outdoor tiles (which I had not noticed and are not in the inventory – it was winter so we never went out) and loads of other things such as saying there was a smell of cigarettes even although we do not smoke.
I have tried hard to get my deposit back and even offered to give £200 from it to avoid the hassle and time wasting but the landlord wants the lot.
The estate agency is doing nothing.
Should I go to the dispute resolution or court and how do either of them work and are they any good?
Thanks
Dr Ahmad Aziz
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Ahmed Aziz
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Member Since June 2014 - Comments: 33
8:48 AM, 15th July 2014, About 12 years ago
I’m still at loss here, so when the landlord naturally refuses to use the DRS whose responsibility is it to go to court, landlord or tenant
Industry Observer
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Member Since June 2013 - Comments: 704
9:02 AM, 15th July 2014, About 12 years ago
Romaion
I am well aware of what the question was, just answer mine?
A single claim payment needs a Stat Dec if made initially and no contact from other side.
If there is a response single claim falls. So simple question is if you then in effect go what amounts to single claim after the 6 months do you still need to complete a Stat Dec?
You were the one who came up with s21 or whatever in DPS rules – I just thought it might be mentioned in the next breath there. If it says you can then claim it surely it tells you how?After 6 months
Ahmed Aziz
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Member Since June 2014 - Comments: 33
9:18 AM, 15th July 2014, About 12 years ago
Reply to the comment left by “Industry Observer ” at “15/07/2014 – 09:02“:
What??
Romain Garcin
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Member Since August 2013 - Comments: 883
10:08 AM, 15th July 2014, About 12 years ago
Reply to the comment left by “Ahmed Aziz” at “15/07/2014 – 08:48“:
To focus on your question:
The scheme’s rule quoted previously says that if the landlord refuses ADR then the landlord has the responsibility to start court proceedings within 6 months, or the scheme may release the deposit to the tenant.
Whether the scheme automatically releases the money after the 6 months deadline, or needs ‘reminding’ in some more or less formal way is something to be checked with them, I think.
The tenant would of course be able to start court proceedings himself during those 6 months but according to the rule above he would not be penalised by the scheme for not doing so.
Seething Landlord
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Member Since August 2013 - Comments: 428
10:59 AM, 15th July 2014, About 12 years ago
Interesting to note that 24c is a new clause inserted as part of the July 2014 revisions. Prior to this there was no such provision so presumably the deposit would have been left in limbo until one of the parties obtained a court order for its release. This raises the question of whether the new rule can be applied retrospectively.
Michael Barnes
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Member Since July 2013 - Comments: 1434
16:00 PM, 15th July 2014, About 12 years ago
having read the DPS terms, I can see what is going on regarding not agreeing to ADR.
Agreeing to ADR means that each side bears their own costs. If one party wants to recover their costs from the other, then their only option is court action.
However, my experience is that courts never award landlord their full costs, so that is not a good reason.
Industry Observer
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Member Since June 2013 - Comments: 704
16:09 PM, 15th July 2014, About 12 years ago
ADR there are no ‘legal’ costs in the normal sense. Just time and photocopying.
Clause 24c will not apply retrospectively
Seething Landlord
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Member Since August 2013 - Comments: 428
23:44 PM, 15th July 2014, About 12 years ago
If Ahmed has already started a single claim and the landlord has formally refused to use the ADR process it appears that Ahmed will have to commence proceedings to recover his deposit. He will need to ask the court to make an order that any damages up to the amount of the deposit are to be paid by the DPS.
Ahmed Aziz
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Member Since June 2014 - Comments: 33
0:07 AM, 16th July 2014, About 12 years ago
I have not started a single claim but have submitted for resolution by the DRS and which I am waiting the landlord response which I predict will be refusal. After all this help and explanations from everyone I still don’t get it if I, the tenant, or the landlord has to begin the court procedures if/when the landlord refuses to use the DRS
Seething Landlord
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Member Since August 2013 - Comments: 428
1:30 AM, 16th July 2014, About 12 years ago
As I see it, if the landlord refuses to use ADR, one of you will have to commence proceedings. Either of you can do this. You would be claiming repayment of your deposit, the landlord would be claiming compensation for loss or damage for which he believes you are liable. Whoever starts proceedings, the other would either admit the claim or file a defence and counterclaim. But until you know the landlord’s response, all this is hypothetical.