DPS dispute - Help please!!!

alvinlwh

Hi all,

I got a problem trying to get my deposit back from LL via DPS. Basically when I try to make a claim, I was informed that it had gone into dispute. However I cannot contact the LL and therefore cannot seem to use the ADR service of DPS.

History:
14 Jun 2008 - Moved in to property for a 1 year contract. Contract allowed early termination after 6 months with 1 month notice.
Mid Feb 2009 - Due to lost of job, gave required notice.
30 Apr 2009 - Moved out of property. Keys handed over to LL's son, who live in the same building.
24 Jul 2009 - Made claim online via DPS for my deposit.
31 Jul 2009 - Claim refused by LL.

When I handed over the keys on 30 Apr, her son said there will be some 'damages' I have to pay for, mainly mold to curtains and walls. I am a Building Surveyor and know that mold do not appears overnight. As a matter of fact, some windows of the property does not shut properly and the DG had failed, something that had been noted in the checking in survey and I had pointed out to LL a number of times. Also the radiators in the property are too small to heat the place enough to dry the property out. Basically the place is not weathertight, which is the main reason for mold.

Also, the son noted a crack on the wall, which he claims to be my fault. However the crack is at the location of the screw to stud position of a plasterboard wall, a weak location, which is why the plaster fell off.

Given this, I know there is a chance that the LL will try to pin damages that are not my fault on me, I put off my claim till now. I had given her more than reasonable time to discuss the issues with me, which of course, she did not.

From my understanding, she have 10 days from the end of the contract (is it 30 Apr or 14 Jun?) to raise any issues, am I correct? I had waited for a more than reasonable time for that, surely it is too late now?

Also, all I got is an email from DPS saying that the claim had been rejected. I have no idea of the amount and couldn't use the DPS without the amount. I had, of course, tried to contact the LL, but without sucess. Information from DPS:
"Response.Write("Please enter the total amount you have agreed to be returned from the deposit amount in the first box and any amounts agreed to be deducted by the agent / landlord in the second box. If there is a disputed amount, this will be calculated below the second box. If you wish to use the ADR service to resolve a dispute, you must ensure that the correct disputed amount is shown below the second box. If you do not show a disputed amount, we will not show the option to use the ADR service."

Finally, there was never a checking out inventory, as the LL herself said, there will be a lot of work to be done due to the age of the property, so there is no point in getting one. So I had never agreed to any damage via a third party. So can I disagree with any and all claims from her now?

Thank you for any advice in advance.

Fire_Fox

Surface mould is usually due to condensation and poor ventilation, I think? Certainly my place is very weathertight and suffers if I don't ventilate daily.

What, if anything, do you have in writing? Do you havea check-in inventory? Have they don'e a check-out inventory in your absence? Do you have the comment that there is a lot of work to be done, or the list of damage in writing?

alvinlwh

Fire Fox, I agree with the ventilation part. I am a building surveyor myself. However the place is not weathertight, and therefore too cold. Which also leads to condensation. The radiators are too small to heat and dry the place out. The damaged, and therefore not sealing properly, windows with damaged DG are pointed out in the check in inventory. This also leads to rain entering the property, which add to the moisture load. I have to add, the LL did bring in a surveyor sometime through my tenancy and the surveyor also pointed out that the need for a ventilator fan in the property while agreeing the radiators are too small to combat the condensation. Something I could have told the LL for free.

I do have the check in inventory, pointing out the non sealing windows and failed DGs. The effects of these are: cold air rushes in cooling the surrounding surface. DGs does not provide proper insulation causing further cooling. Warm moist air hits cool surface resulting in condensation on glass surface and surroundings.

Even if they had done a check out inventory in my absence, I did not sign it. I understand it is a requirement to conduct the survey with me present, and I have to sign to agree with it, as per the check in inventory. Note from my check in inventory:
"This is to certify that the under signed have withnessed the narrative and, subject to marginal notes, accept that those recorded are an accurate and fair schedule of condition of the decorations and contents of the property shown on page one.
Tenant Singature...etc"

I do not have the comment of the work to be done in writing, BUT I had given the LL proper notice, and therefore plenty of time to arrange for and conduct a checking out survey, which she did not.

alvinlwh

Additional question, if I am unable to contact the LL, can I make the agent do it?

Fire_Fox

alvinlwh wrote: »

Fire Fox, I agree with the ventilation part. I am a building surveyor myself. However the place is not weathertight, and therefore too cold. Which also leads to condensation. The radiators are too small to heat and dry the place out. The damaged, and therefore not sealing properly, windows with damaged DG are pointed out in the check in inventory. This also leads to rain entering the property, which add to the moisture load. I have to add, the LL did bring in a surveyor sometime through my tenancy and the surveyor also pointed out that the need for a ventilator fan in the property while agreeing the radiators are too small to combat the condensation. Something I could have told the LL for free.

I do have the check in inventory, pointing out the non sealing windows and failed DGs. The effects of these are: cold air rushes in cooling the surrounding surface. DGs does not provide proper insulation causing further cooling. Warm moist air hits cool surface resulting in condensation on glass surface and surroundings.

I think it's worth a shot at raising a formal dispute through the deposit service, especially as you have professional expertise at your disposal!! Do you have it in writing that rainwater was entering the property? Did you ever ask in writing for the window issues to be rectified, or report mould growth during the tenancy? If not this may be used against you.

I don't believe heating is essential to prevent mould growth tho obviously it helps keep the water in the air. I didn't use the heating in my flat at all for the first two winters (skint) and only intermittently this last winter. We have metal window frames which as you will know conduct heat out, leading to terrible condensation. I wiped each window down in the morning, ventilated the flat daily throughout each winter and only got the smallest hint of black mould which I eliminated using branded 'mould and mildew killer'.

alvinlwh wrote: »

Even if they had done a check out inventory in my absence, I did not sign it. I understand it is a requirement to conduct the survey with me present, and I have to sign to agree with it, as per the check in inventory. Note from my check in inventory:
"This is to certify that the under signed have withnessed the narrative and, subject to marginal notes, accept that those recorded are an accurate and fair schedule of condition of the decorations and contents of the property shown on page one.
Tenant Singature...etc"

I do not have the comment of the work to be done in writing, BUT I had given the LL proper notice, and therefore plenty of time to arrange for and conduct a checking out survey, which she did not.

I *think* you have to be given the opportunity to attend a check-out, but I am not sure you have to be present if you can't or don't want to attend. If no checkout inventory was offered to you, then any carried out may be invalid. I would check with the deposit registration scheme and read your tenancy agreement to find out what should have taken place. I think the landlord has to contact you within one month of you vacating the property to inform you of any withheld monies and the reasons for that. I presume this should be a written explanation.

alvinlwh

Fire Fox, as a building surveyor, I always advice people with mold problems to heat and ventilate. So heat is needed as it lowers the RH in the air. As for drying the windows and using various cleaners, well, there is no need to do that if the windows are working correctly and the radiators are heating the place enough. The problem with the size of the radiators is, during the heavy snow of London this year, even with them on at full at 24 hours a day, the flat is only about 14C. Interestingly, the LL did not know about the size of the radiators in the property until towards the end of my tenancy. Even she was surprised at how small they are. This was years after the property had been refurbrished! It seem that the works are done by a friend and she had never checked the works.

While I do have the professional expertise, I don't think I can be my own expert withness can I? Meaning I will have to pay someone else to do it, additional cost.

Sadly the only writing about those windows are in the check in inventory. I am a building surveyor, not an estate manager, my professional is with building defects not tenancy contracts. I had found out that under section 11, if any damage arises from failure to repair the structure by the LL, the tenant is not responsible for the damage, hopefully it applys in my case.

According to DPS, I am supposed to contact the LL about the amount to be retained. But she is not answering her phone, so does it means the whole amount is in dispute? I contacted the agent, who told me I had to contact LL direct. As for contacting DPS, everyone is always "too busy".

The LL had not contacted me about the amount to be withheld and it had been 3 months now! Surely any claims are invalid or weaker now since I had waited a more than resonable time? According to DPS, LL only have 10 days although I am unable to find out what the law says about this.:huh:

Debt_Free_Chick

I'm not sure why the DPS have refused your claim. Is it that you should raise the matter with the LL first and then - if there's a dispute with the LL, you take that dispute to the DPS? And presumably, you "fail" here as you can not contact the LL in order to arrive at a dispute .... ?

If so, then your "dispute" is surely different. You have no "dispute" as such - you simply have a failure to return your deposit, without any explanation or dispute. Does the DPS not cater for this?

clutton_2

i think you need to talk to the DPS dispute team - it may be that you have misunderstood the website requirements p call on monday and insist on talking to the dispute team and explain what has happened

if you think that you are due ALL of the deposit back, then why cannot you put £0 in the amount to be disputed on DPS website ?

alvinlwh

clutton wrote: »

if you think that you are due ALL of the deposit back, then why cannot you put £0 in the amount to be disputed on DPS website ?

Because of this " If you do not show a disputed amount, we will not show the option to use the ADR service."

Debt_Free_Chick

alvinlwh wrote: »

Because of this " If you do not show a disputed amount, we will not show the option to use the ADR service."

Just dispute the entire amount. It will then be down to the LL to show that some of it should be retained.

tbs624

If your LL will not respond by giving you written information on any proposed deductions then I'd go via the single claim process. She should have let you know within 14 days of the agreed end of your tenancy so, as you say, she has had plenty of time.

You can only use ADR if both LL and T agree to do so , so you may yet have to resort to court action.


Go onto the DPS website and look under FAQs so you can see what you have to do to get a single claim process under way. If you have problems with it get on the phone to them and ask to speak to a supervisor/team leader.