Help!! Landlord refusing DPS/ARS

Nickflaks

Hi there,

We vacated our of our flat last week and the Landlord has stated that he wants to take £350 of our deposit, and in response will offer us a 'quick settlement' (return of our deposit) for the following deductions...

- A 2cm tear in the corner of a fridge door seal (which itself is over 20 years old).
- A blown kicker board (also over 20 years old).
- A bit of limescale on one of the taps.
- A scuff mark on the bedroom wall where the leather bed rubbed against it.

When I requested a breakdown of the £350 the landlord went ballistic and text me saying if we did not agree, he would claim the entire £1850 deposit via DPS and refuse the use the alternative dispute service - meaning that we could only get our deposit via the courts, a process which he said could take years.

Any idea how we should proceed with this? It seems unfair that he can bully us into handing over £350 for (what is essentially) wear and tear. Im happy to make a small contribution, but £350 seems grossly excessive considering the age of the items.

Is he able to threaten to claim £1850 of the deposit and refuse to use the Alternative Resolution Service if we disagree his claim of £350?

Would appreciate any help/advice.

Thanks

Marvel1

Don't be bullied and use the dispute service.

Keep the text, screenshot it as a backup to your PC/laptop.

Nickflaks

We can't because he said he will refuse to use the dispute service.

He said he will only go through the courts (which means it could be ages before we see any of our deposit).

Arleen

He is talking rubbish.

Unless he has some extremely valid reason he cannot refuse to have the matter settled via DPS (generally speaking reason enough to file a suit against you as it's outside of DPS jurisdiction). And they will deal with the claims quickly and swiftly, with little nonsense. While he may claim the 1850, his claim and your response to it (with evidence) will be presented to an adjudicator (I think that is what they are called) who will rule on it and that will be binding.

Arleen

I will also add: save that email. If he will decide to go the courts route (he won't, it's just a scare tactic) once you present it as evidence the judge will make mince meat out of him, as he had no valid reason to not use DPS. And even that track doesn't take years.

Miss_Samantha

Arleen wrote: »

Unless he has some extremely valid reason he cannot refuse to have the matter settled via DPS.

Not so. Using ADR is purely down to both parties agreeing to it.

Arleen

Miss_Samantha wrote: »

Not so. Using ADR is purely down to both parties agreeing to it.

Fair enough, I went under the assumption that exists in most leases I saw that both parties agreed to have the matter of deposit settled under ADR.

G_M

The deposit scheme arbitration service is voluntary. The LL can refuse to use it (as can the tenant).

OP - you should

1) read this link:
* Deposits: payment, protection and return

2) apply to the scheme for the full return of your deposit (or whatever % you feel is fair)

3) if/when the LL declines, apply to the scheme for arbitration

4) if/when the LL refuses arbitration, send the LL a "Letter Before Action"

5) if when the LL refuses to return the money you claim in your LBA, start court procedings.
* https://www.gov.uk/make-money-claim-online

Do not be intimidated by court action, a small claim heaing is very informal, in a court side room.

GDB2222

I have used the https://www.gov.uk/make-money-claim-online system a few times. It is straightforward. The fees for claim of £1800 are modest. You may need help with filling out the forms, but people here can help you.

The LL will not want the hassle of a day in court (well, half a day) any more than you. Also, he may well end up having to pay the court fees, plus 8% interest on your deposit. It's basically a bluff on his part, because the delays don't really work in his favour, not with interest running at 8% a year!

What you need to do now is write back to the LL and say how much you do want back. Ask the LL if he definitely refuses arbitration, in which case go straight to step 4 above and show you mean business. We can help drafting the letter.

Arleen

@gdb2222: you cannot claim online for deposit, you have to go through off-line courts https://www.gov.uk/make-court-claim-for-money

FBaby

Take control of the process. Go and log the return of your deposit on DPS. You'll have to go through each stage of resolution until you get to the ADR part. You say you want to use the ADR, when he ignores it, take him yourself to court.

The fact that you followed the process that is there in place as it is meant to but he refused will without a doubt go significantly in your favour. Unfortunately, this will most likely take a few months, but you never know, the judge might see his intentions as intimidation, hoping that you would settle because you need your money back.