Broken door lock - maintenance issue but being deducted from deposit?

The_DPS_company_representative

EL - I can't see exactly what stage you're at - sounds like the dispute has started, but you should have been sent an email saying that the LL has rejected your claim? If the dispute has started the LL has 14 days to submit evidence, you will then be sent a summary of their claim and also be given 14 days to respond. LL then gets another 7 days in case they have anything to add. Then the dispute papers will pass to the adjudicator for a decision based on the evidence in front of them.

However, if you drop me an email with your details I'll check it out for you ?

[EMAIL="kevin.firth@depositprotection.com"]kevin.firth@depositprotection.com[/EMAIL]

EagerLearner

Hello Kevin,

I really appreciate it thank you. We have now had a rejected claim e-mail but when I logged on the site there is no further info, so therefore I believe she is now within her 14 days. Our concern is that she will now add additional items because we have rejected her claim. I will e-mail you the information, thank you for your help.

clutton_2

Much as i applaud the contribution of Kevin Firth to these forums, may we landlords have his categoric assurance that if he does intervene in cases which he has read about here, that he passes on NO personal information from this forum about the case itself - as this would show a biased approach against the Landlords case...

i am happy if he chooses to investigate lost documents and that sort of issue, but, not at all happy if he discusses the details of cases with his adjudicators.

Can we have that assurance ?

This is especially important now as MSE has refused National Landlords Association permission to post ...... so MSE posters are not allowed the "other side" of the story from a professional perspective.....

Hopejack

Bump....

The_DPS_company_representative

Please be assured that I do not discuss any cases with adjudicators - all I will do is have the case handlers (evidence collectors) investigate the case to ensure due process as been followed or ask the ops team to look into lost docs or postal delays etc.

It is essential that the DPS remains completely impartial, we have no vested interest in who is entitled to the deposit and are not affiliated with any industry bodies.

EagerLearner

Hi everyone,

Just to give a quick update, we have learned that the LL has refused to go to dispute resolution, even though all along she had said she would.

She is no doubt trying to make it as awkward as possible for us, knowing that we desperately need the cash as new home owners.

Having spent so much on getting the place whiter than white voluntarily, and having ticked every box we needed to, it infuriates me that to some extent the landlord can still have the upper hand in this way.

We have had to agree to her £110 deduction, it pains me as we know it is wear and tear, but we haven't the time or energy.

She can choose to sit and do nothing, knowing that if she does, we would have to take her to court.

As of yet there is no response, and I am aware that this amount will seem trivial and isn't close to the other situation on here worth thosands of pounds, but your help and support have been much appreciated.

clutton_2

how disappointing EL - you are wise to move on now tho... enjoy your new home and use all your enormous energies on that... and your business

"" i think yit infuriates me that to some extent the landlord can still have the upper hand in this way. "

this option of going to court rather than arbitration is open to both landlord and tenant so it is a complete fair option.... next week there may be a LL who has been screwed by a tenant who then refuses arbitration and LL has to either write it off or go to court....

eileenfromplaistow

The really mean side of me would be tempted to print off this thread (or write up the goings-on) and post it to the new tenants! Have to be sure there are new tenants of course!

BitterAndTwisted

Eileen you are a wicked and vindictive soul and therefore I believe we might be kindred spirits

silvercar

We have had to agree to her £110 deduction, it pains me as we know it is wear and tear, but we haven't the time or energy.

She can choose to sit and do nothing, knowing that if she does, we would have to take her to court.

Difficult one and on balance I think you are right to move on and let it go.

It is almost a question of who blinks first, if you went to court and won, I suspect the landlord would have to pay your court costs, so there is the chance that your deciding to go to court may make the landlord decide to give in.