After using ADR service landlord is wanting to take us to court...

BeckyJanex

was wondering if anyone has had this situation before and if he is allowed to do that?

After receiving the email about the result of the ADR service I got a phone call from landlord and a follow up text asking for our forwarding address as he will be taking us to court. The £400 that was in dispute was split £240 to landlord and £160 back to us as landlord was unable to provide any receipts or invoices for what he was claiming for.

The DPS have stated that as the problem has been solved with themselves they can't comment on what action the landlord takes after. We then contacted citizens advice to try shed any light on the matter who informed us we were under no obligation to pass any forwarding details on as the landlord had been calling us none stop (upto 11pm most nights) up until it was handed to the ADR and it would now be classed as harrassment and we should contact the police but couldn't shed any light on if the landlord was allowed to take us to court.

I text the landlord to tell him we were not willing to pass on our details and we would appreciate no further contact as the matter has been solved with appropriate channels to which he left a voice mail to my other half stating if he didn't text him our forwarding details he will wait outside my partners place of work to get them!!!

Sorry about the length of the post, just very frustrated, confused and upset, we thought it would all be solved after the ADR but unsure if its now still hanging over our heads

Thanks in advance!!!!

anselld

He is allowed to take you to court, but he will probably lose.
He cannot, however, harass or threaten you. Keep a detailed record of all calls and communication from him and if he does anything remotely as stupid as following your partner home then report him to the police as harassment is a criminal matter.

Building_Surveyor

Taking you to court for £160 of which the dps has deemed rightfully yours hahha what a joke. Ignore him, log everything, you are under no obligation to give him any further details. Cease all contact, don't answer his calls and don't bother text him/reply to messages, you will only be egging him on to continue. He probably wants a reaction and he's getting it.

ValHaller

You are in a strong position. He failed to produce the receipts for the ADR. He would have to produce them for a court hearing and the presumption would be against him for having lost the ADR on lack of receipts. If he produced them for a court hearing, you could use the ADR outcome to suggest that the receipts were faked and he would be hard pressed to come up with an excuse as to why he did not produce them for the ADR and even harder pressed to show that he had made that argument to the ADR.

Brallaqueen

The Landlord can start a court claim if he likes but a) it won't look favourably on him as the ADR was put in place to divert deposit claims away from court so as not to waste court time and b) a court claim will require similar evidence the ADR did - receipts, inventory, check out inventory etc.

I'm not sure if you can counterclaim for harrassment, I'm sure a more knowledgeable bod will know, as it might be worth a try

BeckyJanex

Thank you all for responding!

After being advised by CAB to contact the police we did so just to make an enquiry who said it is only harassment if we tell him not to contact us again and that we are not forwarding any details any further contact would be classed as harassment. Thats the only reason we made contact back with him him asking to not make further contact with us.

We just thought by using the ADR service that would be the end of it and not able to take it to court as it was the recommended alternative to court. Police did advise that the landlord can only obtain our forwarding details via the court which has settled our minds slightly but still worried he could get them somewhere else.

We only had one inventory completed within the 12 months, that was in january and no check out inventory was completed, that went against us in the ADR decision! Just a very frustrating situation and we feel helpless against it, we can't afford the court costs and have tried everything we can to resolve the matter

anotheruser

Maybe you should let him take you through court...

As others have said he is in a rubbish position so call his bluff as you will more than likely make him feel small by him turning down your offer or the court ruling in your favour. That also means he would have to pay the court costs. It would gain you some experience in court proceedings and such too. The real question is, can you be bothered with the hassle?

BeckyJanex

Hes been in further contact today and we have found out as our mail re directory has ran out he has been reading our letters and using the content of the letters to try and gain our address again even though we have stressed for him to stop contacting.

We really can't be bothered with the hassle, no; however he is 100% trying to intimidate me through phone calls and texts to which I have not responded.

Landlord is just causing a lot of distress and we feel totally powerless against him and his threats of court as there always is the chance he will succeed within his case.

anselld

BeckyJanex wrote: »

Hes been in further contact today and we have found out as our mail re directory has ran out he has been reading our letters and using the content of the letters to try and gain our address again even though we have stressed for him to stop contacting.

We really can't be bothered with the hassle, no; however he is 100% trying to intimidate me through phone calls and texts to which I have not responded.

Landlord is just causing a lot of distress and we feel totally powerless against him and his threats of court as there always is the chance he will succeed within his case.

He will not succeed in court!! Not a chance.

You need to stand up to this bullying. Go back to the police with your evidence of further harassment and if they fob you off again ask to speak to a more senior officer.

ValHaller

BeckyJanex wrote: »

Hes been in further contact today and we have found out as our mail re directory has ran out he has been reading our letters and using the content of the letters to try and gain our address again even though we have stressed for him to stop contacting.

Completely off topic - this is the instance where it becomes illegal to open post not addressed to you.

AdrianC

BeckyJanex wrote: »

After receiving the email about the result of the ADR service I got a phone call from landlord and a follow up text asking for our forwarding address as he will be taking us to court. The £400 that was in dispute was split £240 to landlord and £160 back to us as landlord was unable to provide any receipts or invoices for what he was claiming for.

So, ignoring the landlord's behaviour for the moment, the ADR agreed that you owed £240.

Have you paid it?