Letting Agent Threatening Extra Charges If We Claim via DPS

Throwaway1

Jogabonito7 wrote: »

They are claiming they'd (attempt to) get the extra £250 via small claims court.

Yeah, that won't happen! On what grounds to they think they could possibly get a judge to agree that you owe them £250 for using a service that is set up specifically for this purpose? Unless you signed a contract (with them, not the LL) that stated that upfront (which I still think wouldn't be allowed) then they can't just make rubbish up. I'm interested why they said £250 and not £25,000 if they think they can just pluck a figure out of thin air. They can refuse to use the scheme, however and take it straight to court but they'd still have to provide the same evidence.

Comms69

Jogabonito7 wrote: »

To quote her directly: "If the DPS dispute time find in favour of the the landlord, she is also entitled to claim against you for the costs in providing the evidence to the DPS which I charge out at £250.00. They can do this via the small claims court."

So it seems like she's implying they'd pass on any costs from the Landlord to us.

Also the landlord is the agent's sister, so there is definitely some blurred lines here.

No there isn't. Agent and Landlord can be married, having an affair, or anything else.


Perhaps they could spend some of that money on some English lessons... In any case - not a chance!


I'd stick a quick complaint into the scheme the agents are registered with.

G_M

Ignore the threats and apply to the scheme for arbitration.

theartfullodger

G_M wrote: »

Ignore the threats and apply to the scheme for arbitration.

Also, after you've won (I'm fairly confident you will..) raise a complaint against this bullying toad of rat-like agent via the relevant letting agent redress scheme: It requires you 1st try to go through their complaints process. See

https://england.shelter.org.uk/housing_advice/private_renting/letting_agent_redress_schemes



Unless people stand up to bullies they carry on doing the same thing to those who just say "OK" and pay up.



Best wishes: Artful (Landlord for what it's worth...)

pinklady21

Make sure you have plenty of evidence that you can show the DPS Arbitration service - photos of when you moved in, the state you left the property in when you moved out, your check in and check out inventory with any comments from you.
Best of luck.

Red-Squirrel_2

They're trying to intimidate you into not going through the scheme because they know full well if you go through the scheme they won't get to keep a penny of your money.

Disgusting behaviour, agree with all the advice above, don't let them get away with it!

Throwaway1

The more I think about this, the more bemused I become.


In terms of the deductions:



* for the cleaning fair enough, if you didn't clean it properly. (If you believe you did and have pictures to prove it then don't pay - there's no such thing as a 'professional cleaner'. Anyone can set up a cleaning company).
* for the painting no way. The LL has to allow for normal wear and tear so unless you've been doodling on the walls then they should look exactly like you'd expect walls to look after however long you've been there. Have you done anything to damage or stain them?


In regards to the £250 'fee':


I just don't understand how they think they would ever be allowed to charge this. The LA states it's only to be paid if they win but the reward for winning is being able to keep the deductions they asked for. The burden always falls on the LL to provide proof, they can't charge the tenant for the pleasure of doing so. It would mean that LLs could always just ask for whatever they wanted and tenants would pay up instantly as otherwise they are faced with the fear of having to pay an extra £250 on top if they gamble and lose. It's just complete bullying.

Jogabonito7

Thanks everyone for your help and advice, we both really appreciate it!

We'll be continuing with the process via the DPS and also lodging a complaint with the redress scheme they're signed up to.

gingercordial

Jogabonito7 wrote: »

To quote her directly: "If the DPS dispute time find in favour of the the landlord, she is also entitled to claim against you for the costs in providing the evidence to the DPS which I charge out at £250.00. They can do this via the small claims court."

So it seems like she's implying they'd pass on any costs from the Landlord to us.

Also the landlord is the agent's sister, so there is definitely some blurred lines here.

I think I can see what they're trying to say (though I don't agree with it).

The LA that my landlord uses, which is a fairly large one starting with H, has a schedule of fees for landlords which is available online so I have looked at it.

They do say that they charge the landlord £200 inc VAT for preparation of a claim or defence under the deposit scheme. This would be charged by the LA to the LL regardless of the outcome.

I guess what the LA is saying to you is that she is going to charge the LL £250 for this service. If the LL "wins" then they (the LL) feel they'd be entitled to subsequently pursue you in a small claims court for the £250 they've spent on paying the LA to deal with it. It's not going to be charged to the tenant by the LA, it is nothing to do with that, but would be a separate action by the LL against the tenant for the costs the LL has incurred. But I can't see that being awarded against the tenant by a judge.

(What does "wins" mean in this context anyway? The LL gets nothing? What about if the LL gets something but not everything they wanted?)

I suppose in theory the charge from the LA to the LL should dissuade a LL from trying to claim something from the deposit if they have no good grounds to do so, so *could* be construed as positive for the tenant. But not if the LA is instead going to use it to threaten the tenant with the possibility of a later court claim!

Comms69

I think the agents forget the deposit is the tenants money. The LL charging a fee to claim for damages is ludicrous.