Deposit Dispute (DPS)

johnsons_baby

Hi all,

I've not posted for some time, some of the regulars may recall I posted about our landlord failing to oblige to his repairing obligations and subsequently, I was injured by falling masonry which he'd failed to repair.

Got myself to a solicitor and he allowed me out of the contract at no financial penalty and have moved out to a lovely house with a fantastic landlady who has said 'any repair issues, you ring me, I will sort it or get it done yourself and I'll settle the bill' but house is only 5 months old, so not anticipating anything major.

So, i've now been gone 3 weeks from the house from hell. The landlord has turned into landlord from hell now. He's alledging I have caused thousands of pounds of damage including wrecking carpets, completely destroying the garage (his words) and leaving rubbish 'everywhere' (I took all the rubbish away, even taking the wheely bin to the local tip to empty it and return it) but I have driven by and there are 8-9 black bags outside, however, I believe this is the neighbours next door who have filled the bin and just dumped their crap because they know the house is empty.

He's failed to provide further evidence as requested of the 'damage', he said we could attend for a handover inspection, I asked for the date and time and said I would be bringing an independant person with me (I had asked my solicitors secretary to attend and she had agreed). He said he would come back to me with an agreeable date and time. I then had an e-mail stating 'We take it as read you admit the damage as you were not present at the handover inspection', he'd never given us the day or time to be there.

He now states he will take recourse through the DPS, I am happy for him to do this but I am concerned he is going to try to get us to pay for damage that is actually his repairing obligations, like the area above the patio doors which caused the accident.

I've also found that he did not provide us with:
An inventory
EPC
Gas safety certificate

We also had no heating and hot water for 4 weeks as he couldn't be bothered to get an engineer out, he asked by partner to fix it (he's a heating engineer but he refused as he believed the boiler to be under warranty- plus he wasn't going to pay my partner for fixing it!)

As far as I am concerned, I did everything to ensure the house was in a better condition than when I went into it. I had a man come and clean the carpets, I washed and bleached the cupboards, I had an oven cleaner man come to steam clean the oven, I left no rubbish there. He also alleges I stole curtains, there was none provided but he says he's going to go to the police if I don't return them. The thing is, my curtains were gifts I had when I bought my first house with my ex husband and are 6 years old ish so I don't have proof of ownership.

Has anyone dealt with the DPS in relation to disputes and how fair are they? I'm concerned they are going to immediately take the side of the landlord because I left early, by agreement.

Any advice would be appreciated.

anselld

The DPS don't tend to side with LL, they go by the documented evidence. Seems unlikely they will find in LL favour based on what you have said. Keep all paperwork, deal in writing and let DPS sort it out.

katebl

If there was no inventory LL cannot prove contents or condition in the first place so to accuse you of damage or anything similar is pointless! A phrase I see on here a lot - LL doesn't have a leg to stand on. Hope it gets sorted quickly!