DPS ADR procedure. Any advice?

James22i892

Hi everyone

Just have a question about the DPS ADR process, if anyone has experience of this?

Me and my former landlord have an open dispute which is currently underway

I was wondering if the landlord, or their insurers, can pursue a claim against me following the APR process?

Or does our involvement in the ADR process prevent future court action?

Any advice greatly appreciated. I'm happy that the ADR process will help but am worried that the landlord or their insurers may try court also

Guest101

You nee to give way more details

Why are the insurers involved?!

James22i892

Hi thanks for your reply

Apparently the landlord is claiming against their insurance for damage, (dampness)

The landlord has indicated to the agent that their insurer may contact me directly regarding the damage

I'd just like to get an idea of how likely this is, or if the insurer is even allowed to do this

If it is likely, or allowed, I guess I will have to seek legal advice

Guest101

Well anyone can contact you about anything.

If it's not disputed via DPS, then they could in theory contact you later. But for dampness? Its impossible to prove.

They might try, because - well why not, you might just pay up. But i can see them going to court over it

James22i892

Thanks Guest101

The DPS are currently deciding on who should keep the deposit via the ADR process

Seems like both myself and the landlord are committed to this process now, and apparently you cannot appeal the outcome

I'm just worried they will try going to court if; 1. They don't get the outcome they want, or 2. They do get the outcome they want from ADR and are then emboldened to pursue court action

Guest101

James22i892 wrote: »

Thanks Guest101

The DPS are currently deciding on who should keep the deposit via the ADR process

Seems like both myself and the landlord are committed to this process now, and apparently you cannot appeal the outcome

I'm just worried they will try going to court if; 1. They don't get the outcome they want, or 2. They do get the outcome they want from ADR and are then emboldened to pursue court action

Is the damp part of the deposit claim?

Understand anyone can go to court, but if the damp is already considered by ADR, you simply submit that as your defence and the court almost never goes against the ADR decision.

theartfullodger

Who gets what of the deposit is one thing:

But say (example, I am not accusing anyone) that dampness cost £3.7k to sort...then either the landlord or his insurers (if they paid) could try taking legal action against you: Who would win?? Would depend on evidence ..

It is entirely possible that (say) all deposit is awarded to landlord & then he goes after tenant for outstanding rent & damages still "owing".

But, if ADR considered dampness & decided tenant is innocent the tenant has a strong case if it ever got to court.

James22i892

Thank you both for your input

The deposit dispute relates entirely to the damp issue - Their contention is that although I didn't cause it, I was negligent by failing to report it

Sounds like the outcome of the ADR process will have a strong bearing on the likelihood of this going further

Guest101

James22i892 wrote: »

Thank you both for your input

The deposit dispute relates entirely to the damp issue - Their contention is that although I didn't cause it, I was negligent by failing to report it

Sounds like the outcome of the ADR process will have a strong bearing on the likelihood of this going further

Why didn't you report it?

James22i892

I've sent four pages of reasons to the DPS

anselld

James22i892 wrote: »

I've sent four pages of reasons to the DPS

Did you report it or not?

It can't possibly take four pages to answer that. A four page answer will just be seen by the DPS as an attempt to smoke-screen.