Deposit Protection Scheme / ADR

mrkk

Hello all,

I have been a tenant in a property for 12 months and it has came to point where the landlord is attempting to make deductions from the deposit for items/damages which were stipulated in an email at the beginning of the tenancy (with numerous photos), roughly 3-4 days after we moved in.

He had claimed he was going to have these repairs addressed at the beginning of the tenancy but after following up on various emails, I eventually gave up and thought I would pay the rent and find alternative accommodation once the tenancy was finished.

As I have mentioned previously, he is attempting to deduct the repairs in the original email. We have attempted to come to an agreement however to no avail as he is not willing to budge on the amount.

As the deposit is held in Deposit Protection Scheme -
I have tried to start a claim however the status is 'Disputed Claim' and mentions that "A Repayment Claim has been started but the claim has been rejected by the other party."

This meaning he has rejected the claim I believe? I have went down the avenue of looking to use the Alternative Dispute Resolution.

From what I can find, both the landlord and I have to agree to use this service? (correct me if I'm wrong). I'm at my wits end as to what to do next so any advice would really be welcome.

Thanks

Pixie5740

Has this tenancy actually ended yet?

Was there an inventory taken at the start of your tenancy? Is this what the emails and photos form part of?

Your LL has to prove that you caused the damage in order to make a claim from your deposit. Proof would be something like dual-signed inventories taken at the start and end of the tenancy.

If your LL chooses not to use the ADR offered by the deposit scheme then you can take him to small claims for the return of your deposit.

mrkk

Hi Pixie5740,

Thanks for the reply, yes it has ended.

The inventory was provided by the Property Agent which included numerous items which did not come with the flat, this inventory was queried during the tenancy as it was not provided at the immediate start.

I have an email in which the Property Agent admits that this is a generic list given to a various amount of tenants

It's also worth mentioning they do not directly manage the property as the landlord doesn't pay a 'management fee' to do so. Within the contract it stipulates they must have a representative to manage the property if they do not live in the UK (the landlord lives outside the UK).

The issue with a small claims court is the legal fees would probably be roughly the same price as the deposit so I would essentially lose even if I win and if the outcome did not go my way, I would come out much worse off than I started.

I have been told the fees could cost up to £410, to go via the small claims court but admittedly this figure was given to me who had followed this process for different scenario, again, correct me if that figure is incorrect.

Edit: Yes the emails cover some of what is mentioned within the inventory as well as repairs which we requested and the landlord is now attempting to charge us for.

G_M

mrkk wrote: »

Hi Pixie5740,

Thanks for the reply, yes it has ended.

The inventory was provided by the Property Agent which included numerous items which did not come with the flat,
did you ever sign it?
this inventory was queried during the tenancy as it was not provided at the immediate start.
is there a date on the inventory?

I have an email in which the Property Agent admits that this is a generic list given to a various amount of tenants
include this in your evidence to the deposit scheme arbitrators, alternative dispute resolution process, or court

It's also worth mentioning they do not directly manage the property as the landlord doesn't pay a 'management fee' to do so.
irrelevant
Within the contract it stipulates they must have a representative to manage the property if they do not live in the UK (the landlord lives outside the UK).
who did you pay rent to? The landlord's account? Beware! HMRC might chase you for the landlord's tax due on the rent. See
HMRC (Non Resident [= overseas] Landlord Scheme)
otherwise irrelevant

The issue with a small claims court is the legal fees would probably be roughly the same price as the deposit so I would essentially lose even if I win and if the outcome did not go my way, I would come out much worse off than I started.
if you win, you claim back the fees from the LL

I have been told the fees could cost up to £410, to go via the small claims court but admittedly this figure was given to me who had followed this process for different scenario, again, correct me if that figure is incorrect.
see Moneyclaim online here and :

https://www.gov.uk/make-court-claim-for-money/overview

Edit: Yes the emails cover some of what is mentioned within the inventory as well as repairs which we requested and the landlord is now attempting to charge us for.

Raise a dispute and present your evidence.

mrkk

The inventory was provided by the Property Agent which included numerous items which did not come with the flat,
did you ever sign it?

I did not sign it any point.

this inventory was queried during the tenancy as it was not provided at the immediate start.
is there a date on the inventory?

There was no date on the inventory

Within the contract it stipulates they must have a representative to manage the property if they do not live in the UK (the landlord lives outside the UK).
who did you pay rent to? The landlord's account? Beware! HMRC might chase you for the landlord's tax due on the rent. See
HMRC (Non Resident [= overseas] Landlord Scheme)
otherwise irrelevant

I did not pay the rent to his account, I would have paid this directly to the property agent.

The issue with a small claims court is the legal fees would probably be roughly the same price as the deposit so I would essentially lose even if I win and if the outcome did not go my way, I would come out much worse off than I started.

if you win, you claim back the fees from the LL

Thank you.

I've mentioned before that most of the reading around the ADR mentions that both parties have to agree to use the service? Am I correct in this understanding? In that if they refuse this option (which they will more than likely given past experience), my only option would be to go to court?

G_M

mrkk wrote: »

The inventory was provided by the Property Agent which included numerous items which did not come with the flat,
did you ever sign it?
I did not sign it any point.
Then the LL cannot rely on it as evidence

this inventory was queried during the tenancy as it was not provided at the immediate start.
is there a date on the inventory?
There was no date on the inventory
Then the LL cannot rely on it as evidence

Within the contract it stipulates they must have a representative to manage the property if they do not live in the UK (the landlord lives outside the UK).
who did you pay rent to? The landlord's account? Beware! HMRC might chase you for the landlord's tax due on the rent. See
HMRC (Non Resident [= overseas] Landlord Scheme)
otherwise irrelevant
I did not pay the rent to his account, I would have paid this directly to the property agent.
Then ignore my comment. If rent recipient is in UK, Non Resident Lanlord Scheme does not apply.

The issue with a small claims court is the legal fees would probably be roughly the same price as the deposit so I would essentially lose even if I win and if the outcome did not go my way, I would come out much worse off than I started.
if you win, you claim back the fees from the LL

Thank you.

I've mentioned before that most of the reading around the ADR mentions that both parties have to agree to use the service? Am I correct in this understanding? In that if they refuse this option (which they will more than likely given past experience), my only option would be to go to court?

Yes......................................

mrkk

Thanks G_M, I think your full stop button is stuck

jjlandlord

The inventory was provided by the Property Agent which included numerous items which did not come with the flat,
did you ever sign it?
I did not sign it any point.
Then the LL cannot rely on it as evidence

While it is obviously the best case (for landlord), it is not a requirement that the tenant signs the inventory.

It would be too easy otherwise, wouldn't it?

The court/adjudicator will make an opinion on the reliability of the evidence provided.

G_M

jjlandlord wrote: »

While it is obviously the best case (for landlord), it is not a requirement that the tenant signs the inventory.

True, but combined with the other evidence in this case.............
(full stops added here to encourage readers to complete the sentence on their own/draw their own concusions)

Thanks G_M, I think your full stop button is stuck

Nope! There is a minimum number of characters required in a post (and wording within quotes is not counted).

Hence........................................:T

jjlandlord

G_M wrote: »

True, but combined with the other evidence in this case.............
(full stops added here to encourage readers to complete the sentence on their own/draw their own concusions)

'but'...

Let's not give wrong impressions.

BitterAndTwisted

OP, you supply the DPS with copies of your correspondence both from the agent about the "generic" inventory and the email with your observations about the absence of items or condition of the property and its contents.

Make the point to DPS that you declined to sign that undated inventory because it was inaccurate.

As the DPS is a custodial scheme, if the DPS find in your favour, it will be they who return your funds to you.

If your landlord is unhappy with DPS's decision, it will be for them to start proceedings in court, not you.