Tenancy Deposit Dispute

Comms69

aneary wrote: »

For all we know the op was given the costs 10 years ago but told they would increase every year.

But the OP didn't say that.

FBaby

It's up to you. Whether using the ADR (which is free) if you still can, or going to court, you need to decide if it is worth it. As a starting point, you owe the money since it is stated in the contract, so your only defense is that you didn't have access to the costs. However, they might come up with some letter (which you didn't receive) or a website screenshot (from 10 years ago), or maybe a brochure that would prove you had access to these costs, however you never asked for it until after the charge.

Personally, if I were you, I'd move on, but it's up to you.

Marvel1

Dondons wrote: »

Hi All, thanks for your responses.

In regards to the costs - I have never been provided with these, and I did check the agent's website at the end of the tenancy and these fees do not appear anywhere. The only costs listed were those that the landlord was liable for - which was a £40 check out fee at the end of the tenancy.

D.

If still not listed get prints/screenshots asap.

Comms69

FBaby wrote: »

It's up to you. Whether using the ADR (which is free) if you still can, or going to court, you need to decide if it is worth it. As a starting point, you owe the money since it is stated in the contract, so your only defense is that you didn't have access to the costs. However, they might come up with some letter (which you didn't receive) or a website screenshot (from 10 years ago), or maybe a brochure that would prove you had access to these costs, however you never asked for it until after the charge.

Personally, if I were you, I'd move on, but it's up to you.

It's a deposit, the starting point is, always, that the LL must prove the deductions.

FBaby

The ADR always start with what is stated in the contract. In this case, it is clearly highlighted that it is and therefore payable. The amount is not unreasonable, so that's not an argument.

It is therefore OP who will need to demonstrate that they should have to pay because they were never given the chance to know the costs. If they could show an email of asking for it during the tenancy, they might have a chance, but since they didn't, the agent is likely to be able to argue that they'd never asked, but if they did, they would have made the fees available.

FBaby

Just to be clear agents have to show their fees but it doesn't have to be on their website, it could be in the office via a brochure. This is the rules currently, not sure it was 10 years ago though.

Comms69

FBaby wrote: »

The ADR always start with what is stated in the contract. In this case, it is clearly highlighted that it is and therefore payable. The amount is not unreasonable, so that's not an argument.

It is therefore OP who will need to demonstrate that they should have to pay because they were never given the chance to know the costs. If they could show an email of asking for it during the tenancy, they might have a chance, but since they didn't, the agent is likely to be able to argue that they'd never asked, but if they did, they would have made the fees available.

Nor an argument I was making.


ADR does not start with the tenancy. It starts on the principle that this is the tenants money - always.

Dondons

Thanks all.

That was my major worry - that I'd lose the case because I signed the agreement to pay a fee, whether the amount was specified or not. However, the fact that I have had to chase for so long just to get anything done about returning my deposit... with very little success at opening communication. I received more than one email stating that the process was already underway, which I later found out was completely untrue. The agent has also, when I have received emails from him, stated that if I didn't agree to the deductions and we went through to dispute resolution, he would add further fees on top of those originally stated.

Dondons

cjdavies wrote: »

If still not listed get prints/screenshots asap.

Thanks cjdavies - I have printed out the tenants pages from the website as the fees are still not listed there.

parkrunner

Dondons wrote: »

The only options now are to either agree a resolution with the agent directly or court. As I struggle to get a response from the agent whenever I try to contact him, I sent a letter before action last week. I received a response within two working days. The agent was questioning my decision to take this to court and suggested mediation as a more appropriate route. While I would have been happy to do this…. I couldn’t see a way to make this happen as, like I said, he didn’t respond to any of my attempts at communication. It would seem that now I have threatened court action, they are eager to resolve this another way – although why they didn’t just agree to the ADR service I don’t know.

No expert on this whatsoever but shouldn't a letter before action be sent to the LL and not the LA?