Taking former landlord to court

mlz1413

On a court claim you just state the facts, so in your case that would be:

Non return of deposit after rental of (insert address) ended, inspections carried out and keys handed back at correct times.
No reason given for withholding, no letters have been answered sent by myself and the DPS.
Claim to receive full refund of deposit held.

If doing on line you will not be able to attach anything, but have ready they AST and a log of all communication including copies of letters, inventory, end notice and anything else relevant to the claim.

-Ad-

About to take LA to dispute through the TDS on a plug socket they damaged after we moved out, or the cleaner damaged after, both after handing keys back. Accusing us of lying and even getting in some other way after handing keys back :mad: :rolleyes:

We have many pictures with the file dates showing when they were taken, a good inventory etc etc, and given the LA the final letter before action yesterday. But they will come back saying their explanations are conclusive and all our evidence is useless :rolleyes: :rotfl: :rotfl: :rotfl: ]

Regarding the ADR, from reading up on the documents it seems that if both parties don't agree (namely the LL/LA) then it will go ahead anyway, and that with the LL/LA not agreeing, judgement will be passed anyway after considering evidence, then the TDS would chase LA/LL for the amount via a court order, ?

Not sure if I'm correct or not, but the ADR section isn't totally clear on how it actually works when someone disagrees with using it.

Good luck anyway and keep us updated.

Snowyemma

Initially I thought the DPS looked like a good scheme, but they seem totally inable to answer my questions!!! I asked twice if my former LL had agreed to use the ADR, and twice they have told my it can be used if both parties agree. I already knew that!!!

Interesting development today though... I think the LL wants to take me to court! I had a voicemail from him (despite me previously asking for any communication being in writing...) asking for my address. Okay, I could understand the voicemail if he didn't have an address for me, but when I'd asked him to use the ADR the first time around I provided a contact address! Not sure if he's thrown my correspondence away, but unluckily for him, I don't... I've still got that letter saying I could get out my lease with a week's notice!!! Decided not to phone him back; instead, I've sent him a letter (with contact address, if he's interested in it!) stating my intention to take him to court if he doesn't release my deposit in 7 days! Thought it might be better to get in there first if he was thinking of taking me to court...

Again, will keep you posted...

Snowyemma

-Ad- wrote: »

Regarding the ADR, from reading up on the documents it seems that if both parties don't agree (namely the LL/LA) then it will go ahead anyway, and that with the LL/LA not agreeing, judgement will be passed anyway after considering evidence, then the TDS would chase LA/LL for the amount via a court order, ?

From what I understand, the ADR can only be used if the DPS get formal agreement from both parties. If one party isn't responding, the single claims process can be used, which seems pretty similar to the ADR. However, my delightful LL (note heavy use of sarcasim!) has responded, though only to say no; it seems he has not agreed to use the ADR. If he has, neither him nor the DPS seem to want to tell me about it!!! In which case, my only option is to take him to court... :mad:

clutton_2

the DPS/ADR process assumes that it is up to the LL to prove his/her case as to deductions

the court process (if you take him to court) will force you to provide the evidence - and the LL may well lie about his evidence, and you may get a judgement and he may not pay and then you will need to go back to court to get an Attachment of Earnings Order or a Bailiffs Warrant to get the money - are you willing to do all that ?

harryhound

I always expected this sort of nonsense, where the uncooperative party can make a misery of someone's life for 6 - 12 months.

Let us know how it works out - sounds like an open and shut case to me (mind you until you get into the 1000's of replies you might not get your moments of fame in the weekly newsletter;)).

Why can the Swiss and Australians get this sort of thing sorted, but here in the UK we flaff about generating costs and paperwork out of all proportion to the size of the dispute?

My original suggestion is in the mother of all disputes with the landlord thread
here:
http://forums.moneysavingexpert.com/showthread.html?p=5536749&highlight=Pendulum#post5536749

(Meanwhile in the Brighton rental market:

http://forums.moneysavingexpert.com/showthread.html?p=20015537#post20015537

rents are falling?)

EagerLearner

Hi snowyemma - sounds like you have a slimeball on your hands - good that you got the letter in the post and can now await his decision.
I can confirm that sleepless nights, lots of calls, time off and lots of writing and buying of stationery will be needed, plus lots of trips to post office for Rceorded Delivery and lots of hugs and comforting cups of tea.
On the other side I can confirm we're all behind you every inch of the way and that the sense of justice at least dragging his sorry *rse to court will be worth it, plus if you win the sense of victory for all tenants.
Keep detailed logs, stay firm, negotiate if needed and be prepared for the equivalent of a choppy ferry ride!
Talk to Dawn Advice Legal services (Google 'em) as they were free and very helpful I found - at least I hope they are still around to help folks!
Good luck x

Snowyemma

clutton wrote: »

the DPS/ADR process assumes that it is up to the LL to prove his/her case as to deductions

the court process (if you take him to court) will force you to provide the evidence - and the LL may well lie about his evidence, and you may get a judgement and he may not pay and then you will need to go back to court to get an Attachment of Earnings Order or a Bailiffs Warrant to get the money - are you willing to do all that ?

Doesn't look like he's agreed to the ADR... I've let the DPS know several times I agree to its use, but I've heard nothing from it. The advice on their website is that if the other party doesn't agree to the ADR, then you can take them to court... Which I've just started the ball rolling on.

The one benefit the DPS scheme seems to have is that they state if they're presented with a court order mentioning the scheme, they will release the money to the claimant. Might be a bit of bother to get the court costs out of the LL, but to be honest, if I can get my deposit back, I'll be happy.

Snowyemma

At least, I'm presuming I've to go to court- I've another couple of days before my LL will have had my letter a week...

The DPS people are soooo unhelpful!!! They sent me another reply to my asking if my LL had agreed to use the ADR saying they couldn't tell me if he had agreed to use it or not, that it was up to us to agree to use it between us... Isn't that the point of the ADR, that you use it when you can't reach an agreement?!? I'm wondering how many people are actually able to use the ADR coz of this....:huh:

harryhound

Insist that use of the ADR is written into the contract next time?