DPS Dispute in our favour, now threatened with court.

jonnygee2

I can place as guess as to what's actually happened here. The letting agent have majorly messed up and forgotten to collect proper evidence on your deposit, weren't there at checkout, basically haven't done anything the landlord is paying them to do (normal behaviour for letting agents). But, now it's cost the landlord his deposit, they are in trouble and have gone into panic mode, hence the email.

I've had several experiences of letting agents turn to being nasty or threatening when they've screwed up like this. Funny because you'd think being agents they'd have the soft skills to negotiate their way out of the situation

Imagine if they'd phoned you up, apologised, and asked if you'd consider paying some of the costs of covering the carpet for your pet, perhaps mentioning court was possible but saying they'd rather settle it this way. You'd most likely have agreed (or at least more likely than with the pat they took). Unfortunately most letting agents lack the intelligence, and also the respect for their customers to take this kind of path.

Well, as above, you really don't need to engage any further. The adjudicator has seen all evidence, including your (perhaps overly honest) admission to damaging some of the carpet and decided none of it was deductible. A court would decide no different.

Taiko

There's some case law relevant to this, should you opt to reply to them.

The case you're after is one called Arkell vs Pressdram, and quoting that should see rid of them.

FBaby

The issue could be that the LL entrusted the rental agents to deal with the claim and they failed to do so. I would never trust a LA to dispute a claim on my behalf. Because the onus is on the LL to evidence their claim it requires time and attention to do so properly. There is nothing in for the LA to do so except keeping the LL.

The LL might have realised this hence taking it to the small claim court. In most cases a judge won't be keen to entertain what will be seen as a 'second chance' but if the LL can make a good case that the LA failed to provide evidence that was available within the timescales they might be more sympathetic to the case.

However in your case it would mad to negotiate at this stage and are better off waiting to see what they decide to do. How old was the carpet when you moved in and how long were you there?

Pixie5740

Does the letting agency know where you live now because they need to know your address to be able to serve court papers?

bouicca21

The whole point of an arbitration is to avoid a court action. Submitting to arbitration involves an agreement to abide by the decision. Having been through an arbitration over a deposit, I think almost the first thing on the paperwork was an agreement not to go to court.

They had their chance and messed it up.

As others have said, either ignore them or send steampowered's suggested letter.

Theotargon

Pixie5740 wrote: »

Does the letting agency know where you live now because they need to know your address to be able to serve court papers?

Yes they know where we live.

FBaby wrote: »

However in your case it would mad to negotiate at this stage and are better off waiting to see what they decide to do. How old was the carpet when you moved in and how long were you there?

It was at least 2 years old when we moved in and we were there for 3 years.

bouicca21 wrote: »

Submitting to arbitration involves an agreement to abide by the decision. Having been through an arbitration over a deposit, I think almost the first thing on the paperwork was an agreement not to go to court.

DPS_Website wrote:

At the start of the process, both landlord and tenant have to consent to use their scheme’s dispute resolution service, and part of this consent requires acknowledgement that the decision the adjudicator arrives at is final and legally binding, unless there is an error of fact or law by the adjudicator. The only way it can be challenged is through a Court of Law.

At least with the service we were using you are allowed to go to court if you disagree with the decision.

nyermen

But, now it's cost the landlord his deposit

Well - it's not his deposit, it's the tenants. Even if the landlord felt they had a claim against it.
As suggested - I suspect the letting agents were rubbish (mine aren't great at the procedural stuff either), but what is being described above (damaged carpet = replace all carpets) sounds like betterment for which the laws protecting tenants are clear.
As the greatest on here (GM etc) have said - it'll be a huge surprise if they were to take it any further, and even if they did, their chance of winning is so unlikely in lieu of your following the correct process etc.
Whatever you do, don't pay them a penny.

Comms69

Even if they decide to go to court, just present the DPS arbitration award as evidence. The court's look dimly on time wasters.

Out,_Vile_Jelly

Letting agents combine an astounding lack of housing law knowledge and basic admin efficiency, with a penchant for vaguely-legal sounding threats and bluster.

Imagine if it was an elderly or vulnerable tenant receiving threats like this; it could make them ill with worry.

For extra peace of mind, I would check your insurance to see if it includes legal advice, and see if your employer offers any (when I mentioned I worked for a famous university and got free legal advice, agents changed their tone). Keep all your deposit dispute paperwork safe and backed up. Then relax and enjoy your new home.

Comms69

Out,_Vile_Jelly wrote: »

Letting agents combine an astounding lack of housing law knowledge and basic admin efficiency, with a penchant for vaguely-legal sounding threats and bluster.

Imagine if it was an elderly or vulnerable tenant receiving threats like this; it could make them ill with worry.

For extra peace of mind, I would check your insurance to see if it includes legal advice, and see if your employer offers any (when I mentioned I worked for a famous university and got free legal advice, agents changed their tone). Keep all your deposit dispute paperwork safe and backed up. Then relax and enjoy your new home.

Or your Union - which I recommend anyone who has been employed longer than 2 years joins.