Ended Tenancy - LL issues

G_M

SerialRenter wrote: »

Also G_M might i suggest the topic for your guide? Or as an addition to the deposits section.
From the POV of the tenant & Landlord.
Types of evidence. Weighting of evidence.
Importance of the inventory and check out.
Disputing or altering the inventory on move in.
etc.

Happy to add any suggestions that are helpful.

Section F) 1 already states;

LLs are advised to get the tenant's signature agreeing to the check-in inventory, and tenants are advised to ensure the inventory is accurate before signing.

and

other evidence can be used. For example a landlord who has just refurbished a property, or installed brand new equipment, could produce dated receipts for the work or purchases.

I have added

Tenants could produce (ideally dated) photos of the property on thir departure, or a witness statement from a 3rd party.

Any other suggestions?

Frankj_2

Just to update:

I had submitted the return of the deposit on Sunday 1st March. It said the LL has 5 days to respond. This was inaccurate, the LL has 14 days.

1st email sent to them on Sunday the 1st March, a reminder on the 8th March.

If they dont respond by the 15th March, I can start (START! :S ) the single claim process. They then send me a form, which needs to be witnessed ( £5 cost from a solicitor - I cant claim this back trhough ADR). Return it, and the LL gets a further 14 days to respond.

So all in all, over a month of my money being held by the scheme (custodial scheme).

No wonder some people just accept the deductions the landlord proposes. These schemes were designed to protect the poorest in society ( thankfully I earn reasonably well and was just keen to get this matter finalised ). But the poorest in society cant afford to be without the deposit for over a month.

To clarify the LL has not responded at all. So i cant even claim back whatever it is (I still dont know) they arent claiming.

Pixie5740

Frankj wrote: »

Just to update:

I had submitted the return of the deposit on Sunday 1st March. It said the LL has 5 days to respond. This was inaccurate, the LL has 14 days.

1st email sent to them on Sunday the 1st March, a reminder on the 8th March.

Sent who an email? The deposit scheme? Your LL?

Frankj wrote: »

If they dont respond by the 15th March, I can start (START! :S ) the single claim process. They then send me a form, which needs to be witnessed ( £5 cost from a solicitor - I cant claim this back trhough ADR). Return it, and the LL gets a further 14 days to respond.

Who is they?

Frankj wrote: »

So all in all, over a month of my money being held by the scheme (custodial scheme).

No wonder some people just accept the deductions the landlord proposes. These schemes were designed to protect the poorest in society ( thankfully I earn reasonably well and was just keen to get this matter finalised ). But the poorest in society cant afford to be without the deposit for over a month.

Before these deposit schemes it was more difficult for tenants to get their deposits back. Some landlords made spurious claims for all kinds of nonsense. Some still do but it's more difficult for them now.

Frankj wrote: »

To clarify the LL has not responded at all. So i cant even claim back whatever it is (I still dont know) they arent claiming.

What has the LL not responded to? The deposit scheme?

If your LL doesn't want to use the ADR then send him a Letter Before Action, and when I say letter I mean an actual letter not an email. Get proof of postage. Then take him to court for the return of your deposit.

Frankj_2

Sorry, in my head it was clear.

I'll try again.

I submitted the claim online to the DPS.
The DPS emailed the Landlord on 1st March, and will email again on the 8th March
If the LL doesnt respond to the DPS by the 15th March, i can begin a single claim.
I then need to get the form (which the DPS send out), witnessed, at a cost of £5 (roughly)

The LL hasnt responded to the DPS at all. Nor to me, when i asked to see the check out report. Since then the LL has claimed im harassing them and am not to contact them, or they will contact the police. - I'm not. And i know that the police would laugh them out the station.

I realise that LLs used to make up stories etc, and the tenants would struggle. Now it seems poorer tenants will be taking pay day loans or whatnot to cover the shortfall whilst it's being disputed.

I dont see how the scheme operates fairly. If the LL hasnt responded, return the deposit. The LL is still able to then use MCOL to get payment.

I'm sure there are cases where the LL has real claims. But in my case, like many others, there is no claim. So it really is just a LL being stubborn or vindictive.

Just to clarify. It is the DPS who use emails to contact tenant and landlord. The LL told me they wanted to use ADR (after i said id be making a claim to the DPS), and if i didnt use ADR they would take me to court (again nonsense from the LL, who's an amateur). Now it seems like they dont want to use ADR.

Pixie5740

Tenants have always needed to have another deposit in the chamber, that hasn't changed, it's just more likely they'll get it back now.

Yes, if the LL fails to respond to the scheme and you get your deposit back he could file a MCOL but he would need to provide some kind of evidence to back up his claim like an inventory which he hasn't got. It would be a total waste of his time and it would cost him court fees.

Frankj_2

Pixie5740 wrote: »

Tenants have always needed to have another deposit in the chamber, that hasn't changed, it's just more likely they'll get it back now.

Yes, if the LL fails to respond to the scheme and you get your deposit back he could file a MCOL but he would need to provide some kind of evidence to back up his claim like an inventory which he hasn't got. It would be a total waste of his time and it would cost him court fees.

Thats a good way to look at it. Like i say it doesnt bother me that much, i'll eventually get it back.

Just doesnt seem very fair still.

Absolutely, i thought that was the case. You guys have clarified it for me. I know the threat it ridiculous.

I only met the LL once, hence why i didnt notice the 'crazy' inside. But now dealing with this, you can see it. Harassment claims. Not confirming check out / what the claim is. Not responding to DPS. It's all just vindictive and nasty.