Help with disputing DPS/ tenancy issue

Beaubags_77

Hi. Please can anyone assist me? I've been dealing with my parents dispute with their previous landlord for the past few months. Unfortunately, they lost the case after mediation with the DPS but are planning to argue it at small claims court. My query is in two parts really. Firstly, does anyone know if we can apply to the court to dispute the DPS decision on the same claim as request for compensation, as the landlord didn't secure the deposit within the 30 day process.
Also, the dispute was lost due to a repair needed on the shared drive of the property. It was used by landlord and family also. There is a clause in the contract that states all repairs on drive, access road etc should be reported to the landlord. Is the tenant liable to repair any damage that is not the actual building they are letting. The dispute was over oil on the drive, but as it transpired we do not know where the stain actually came from. He also quoted us a certain amount for repairs via email, and then added another £150 on the Dps claim, which would be the main basis of the argument in the claim.
I would appreciate any help. Many thanks.

anselld

You had you chance with the DPS decision and lost.
Just keep it simple and claim for up to 3x late protection which should easily cover your losses (assuming you have the evidence).

Comms69

Beaubags_77 wrote: »

Hi. Please can anyone assist me? I've been dealing with my parents dispute with their previous landlord for the past few months. Unfortunately, they lost the case after mediation with the DPS but are planning to argue it at small claims court. - why did they lose? obviously thats critical to any advice you can received. My query is in two parts really. Firstly, does anyone know if we can apply to the court to dispute the DPS decision on the same claim as request for compensation, as the landlord didn't secure the deposit within the 30 day process.- You can still go to court for BOTH the deposit and the penalty. To claim the deposit itself back you would need to show that there was either a mistake in the process of arbitration or new evidence
Also, the dispute was lost due to a repair needed on the shared drive of the property. - That doesnt make sense. Did your parents damage the drive? It was used by landlord and family also. - Was the Landlord / family the other party in the 'shared' drive There is a clause in the contract that states all repairs on drive, access road etc should be reported to the landlord. - how obvious was the damage? Is the tenant liable to repair any damage that is not the actual building they are letting. - Well ofcourse, but whether they are liable to the LL is the key question The dispute was over oil on the drive, but as it transpired we do not know where the stain actually came from. He also quoted us a certain amount for repairs via email, and then added another £150 on the Dps claim, which would be the main basis of the argument in the claim. - Him adding additional claims / costs is perfectly legal and he has 6 years o do so.
I would appreciate any help. Many thanks.

If he failed to protect the deposit then it's a straight forward claim for the penalty.

saajan_12

Beaubags_77 wrote: »

Hi. Please can anyone assist me? I've been dealing with my parents dispute with their previous landlord for the past few months. Unfortunately, they lost the case after mediation with the DPS but are planning to argue it at small claims court. - Why do you disagree with the DPS's decision? The point of the schemes is to reduce having to go to court, so you can't just go to court to have a second try. The court would only entertain your case if the deposit scheme did not follow the correct procedures or there is new evidence which was unavailable when submitting to the DPS. My query is in two parts really. Firstly, does anyone know if we can apply to the court to dispute the DPS decision on the same claim as request for compensation, as the landlord didn't secure the deposit within the 30 day process. - The non protection claim is a penalty, not a claim for damages (as you have no losses) so you need to use a county court, not small claims court.
Also, the dispute was lost due to a repair needed on the shared drive of the property. It was used by landlord and family also. - does the LL live next door and both their and the rented property share a drive? Or is there another neighbour sharing the drive and the LL simply used the drive occasionally? There is a clause in the contract that states all repairs on drive, access road etc should be reported to the landlord. - sounds reasonable. Is the LL claiming the loss because the tenant caused the damage or because they failed to report it and the damage got worse? If the latter, then it may not matter who caused it. Is the tenant liable to repair any damage that is not the actual building they are letting. - yes, if they caused or contributed to or failed to report the damage. They are renting the entire property including drives, gardens etc not jsut the building. The dispute was over oil on the drive, but as it transpired we do not know where the stain actually came from. - was it there at the start of the tenancy? was it there at the end? Is the LL claiming for failure to report or causing the stain? He also quoted us a certain amount for repairs via email, and then added another £150 on the Dps claim, which would be the main basis of the argument in the claim. - So did tenant agree to the original amount? If the LL can justify the higher claim through a higher quote / receipts etc then this is fine. - What was the DPS mediator's comments on this? Do you think they followed incorrect procedures or just came to a conclusion you disagree with? If the latter, then you'll be unsuccessful and left covering your own court fees.
I would appreciate any help. Many thanks.

1) Deposit protection penalty:
So the deposit was eventually protected, but either late or the paperwork wasn't correctly served? The tenants did get the benefit of the protection and mediation scheme, so I expect teh claim will be straightforward but any penalty will be at the very bottom end ie 1x deposit. This needs to go through county court not small claims.

2) Disputing DPS decision
This is tricky, the DPS's decision is meant to be final else every losing party would try to have a second try. You would only win if you can show the DPS didn't follow the correct procedures or if there is new evidence (and defend why you couldn't provide it earlier). Suggest explaining the DPS's comments so we can advise.

Beaubags_77

The disagreement with the DPS decision stems from the quote the landlord gave us, then added the £150 on top once it went to mediation. He also didn't supply an inventory on moving in, or leaving. Despite being asked many times.I have about 5 emails asking for a copy before my parents moved out. Of which he said his wife had 'filed away' According to the DPS website, a copy of the inventory must be produced. The drive was used by ourselves and the landlord and his 3 vehicles. No one else. Maybe it is a lost cause, and claiming for the deposit is the way forward. I might throw in he tried to illegally evict them beforehand as well, failed to supply the correct dps info when he finally deposited the money, failed to supply the new tenant paperwork and failed to earth the oven in the first 12 months of the tenancy. Which we unfortunately found out after the fact.
These landlords are allowed to get away with murder.

wesleyad

Beaubags_77 wrote: »

He also didn't supply an inventory on moving in, or leaving. Despite being asked many times.I have about 5 emails asking for a copy before my parents moved out. Of which he said his wife had 'filed away' According to the DPS website, a copy of the inventory must be produced. The drive was used by ourselves and the landlord and his 3 vehicles. No one else.

Why exactly did the dps side with LL given this info? Something doesn't seem right, the DPS are massively in favour of siding with tenant unless LL has very good evidence. If you pointed out it was shared with LL's vehicles and there's no inventory I cannot believe they made this decision, unless there's things we aren't being told?

pinkshoes

This doesn't make sense.

If there was no inventory then the LL would have to prove that the stain was not there to begin with.

Also, if the deposit wasnt protected on time, surely a quick letter saying return my deposit in full or I will sue you for 3x the amount.

Are we missing some key information?? Did you actually respond to the DPS?

Marvel1

Beaubags_77 wrote: »

The disagreement with the DPS decision stems from the quote the landlord gave us, then added the £150 on top once it went to mediation. He also didn't supply an inventory on moving in, or leaving. Despite being asked many times.I have about 5 emails asking for a copy before my parents moved out. Of which he said his wife had 'filed away' According to the DPS website, a copy of the inventory must be produced. The drive was used by ourselves and the landlord and his 3 vehicles. No one else. Maybe it is a lost cause, and claiming for the deposit is the way forward. I might throw in he tried to illegally evict them beforehand as well, failed to supply the correct dps info when he finally deposited the money, failed to supply the new tenant paperwork and failed to earth the oven in the first 12 months of the tenancy. Which we unfortunately found out after the fact.
These landlords are allowed to get away with murder.

I cannot see how the DPS sided with the landlord based on above, you need to provide more information.

saajan_12

Beaubags_77 wrote: »

The disagreement with the DPS decision stems from the quote the landlord gave us, then added the £150 on top once it went to mediation. - The LL isn't necessarily tied to the original quote, they could have missed something.. is there a new quote / receipt / breakdown for the higher amount including the £150 submitted to DPS? He also didn't supply an inventory on moving in, or leaving. - An inventory is good but not the only evidence. In relation to this specific issue of the oil stain, is there evidence of the condition before and after the tenancy? e.g. pictures, witness, receipt for the work.. An inventory of the rest of the property is largely irrelevant. Despite being asked many times.I have about 5 emails asking for a copy before my parents moved out. Of which he said his wife had 'filed away' - irrelevant. According to the DPS website, a copy of the inventory must be produced. The drive was used by ourselves and the landlord and his 3 vehicles. No one else. - okay, how frequently by the LL? Maybe it is a lost cause, and claiming for the deposit is the way forward. I might throw in he tried to illegally evict them beforehand as well, - irrelevant failed to supply the correct dps info when he finally deposited the money, - okay, but you're claiming 1-3x the deposit for that as a penalty, ie a windfall for you massively conterbalancing the actual impact on the tenant. failed to supply the new tenant paperwork and failed to earth the oven in the first 12 months of the tenancy. - irrelevant to depositWhich we unfortunately found out after the fact.
These landlords are allowed to get away with murder. - the tenant will get away with 1-3x their deposit as a bonus.. seems fair to me (talking about the deposit related issues.. the others are another matter and we don't know the full story there)

You've just repeated what your OP and irrelevant bits. The key question is:
What did the DPS explain for their decision and what of their explaination do you disagree with?

Comms69

Beaubags_77 wrote: »

The disagreement with the DPS decision stems from the quote the landlord gave us, then added the £150 on top once it went to mediation. He also didn't supply an inventory on moving in, or leaving. - All of that is legit. Despite being asked many times.I have about 5 emails asking for a copy before my parents moved out. Of which he said his wife had 'filed away' According to the DPS website, a copy of the inventory must be produced. - No it doesn't, because an inventory is not mandatory. The drive was used by ourselves and the landlord and his 3 vehicles. - Why was he using the drive?... No one else. Maybe it is a lost cause, and claiming for the deposit is the way forward. I might throw in he tried to illegally evict them beforehand - What does that mean? as well, failed to supply the correct dps info when he finally deposited the money, failed to supply the new tenant paperwork and failed to earth the oven in the first 12 months of the tenancy. Which we unfortunately found out after the fact.
These landlords are allowed to get away with murder.

Not really, as far as landlords go, this one is probably in the top half....

G_M

I agree there is missing information so advice is hard to provide.


But I would forget the damage claim- it's been adjudicated on - it's done.


You can claim the penalty for late protection via CC as Saajan says. Expect to receive the lower end of the scale as the deposit was protected and the tenant did get the benefit of scheme arbitration.

he tried to illegally evict them beforehand as well, failed to supply the correct dps info when he finally deposited the money, failed to supply the new tenant paperwork and failed to earth the oven in the first 12 months of the tenancy

all irrelevant to the claim relating to the drive. And the claim for the penalty. (though lack of PI might increase the penalty? I doubt it for the reasons above though).