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Open deposit dispute

Once quick & Simple question

Can a landlord re-advertise and look to rent out the property we were in before the current ongoing dispute we have open has not even be resolved and any decisions made, via the arbitration route?
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Comments

  • marliepanda
    marliepanda Posts: 7,186 Forumite
    Once quick & Simple question

    Can a landlord re-advertise and look to rent out the property we were in before the current ongoing dispute we have open has not even be resolved and any decisions made, via the arbitration route?

    Yeah...

    You should all have evidence of your claims such as photos of the condition etc, no one is going to go round and check for things.
  • Comms69
    Comms69 Posts: 14,229 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Once quick & Simple question

    Can a landlord re-advertise and look to rent out the property we were in before the current ongoing dispute we have open has not even be resolved and any decisions made, via the arbitration route?



    yes obviously
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Of course.

    If your tenancy has ended the landlord can create a new tenancy.

    Your deposit is irrelevant to either the ending of the tenancy or the creation of the new one.

    Sounds like you are just trying to make things as as difficult as possible for the LL.....
  • saajan_12
    saajan_12 Posts: 5,139 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Once quick & Simple question

    Can a landlord re-advertise and look to rent out the property we were in before the current ongoing dispute we have open has not even be resolved and any decisions made, via the arbitration route?

    Of course. Once your tenancy ends, you have no further rights to the property. It is therefore not your concern whether
    * property re advertised
    * Viewings held at property
    * property re let
    * damages repaired / items replaced / left as is

    Any (successful) claim for deposit deduction should reflect the LL's damages as a result of a breach by you, eg
    * rent arrears
    * loss of value of LL's property (eg furniture look in poorer condition beyond wear & tear)
    * repair costs for damaged items

    The LL doesn't have to actually replace / repair damage, the dispute is over the damage and fair cost. He could decide to use the money to offset the lower rent he'll get for a property in worse condition, bank it to repair later, use it as a contribution to an upgrade.. As for evidence, the ADR won't visit the property so there's no need to maintain the condition for them. Either party needs to prove their case with photographic / written proof.
  • Comms69 wrote: »
    yes obviously

    Nothing obvious about it to me, hence asking the question.
  • G_M wrote: »
    Of course.

    If your tenancy has ended the landlord can create a new tenancy.

    Your deposit is irrelevant to either the ending of the tenancy or the creation of the new one.

    Sounds like you are just trying to make things as as difficult as possible for the LL.....

    Correct - The guy is an absolute moron, liar and thief - He will get whats coming to him
  • saajan_12 wrote: »
    Of course. Once your tenancy ends, you have no further rights to the property. It is therefore not your concern whether
    * property re advertised
    * Viewings held at property
    * property re let
    * damages repaired / items replaced / left as is

    Any (successful) claim for deposit deduction should reflect the LL's damages as a result of a breach by you, eg
    * rent arrears
    * loss of value of LL's property (eg furniture look in poorer condition beyond wear & tear)
    * repair costs for damaged items

    The LL doesn't have to actually replace / repair damage, the dispute is over the damage and fair cost. He could decide to use the money to offset the lower rent he'll get for a property in worse condition, bank it to repair later, use it as a contribution to an upgrade.. As for evidence, the ADR won't visit the property so there's no need to maintain the condition for them. Either party needs to prove their case with photographic / written proof.

    So as usual, everything to back the landlord. Being a tenant really does suck. So many crook landlords out there robbing people blind.
  • martindow
    martindow Posts: 10,575 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Correct - The guy is an absolute moron, liar and thief - He will get whats coming to him
    If you've got a sound case you will get recompense from your claim.


    A continuing vendetta is going to be exhausting and fruitless from your point of view. Put your effort into pursuing the claim and get on with your life.
  • martindow wrote: »
    If you've got a sound case you will get recompense from your claim.


    A continuing vendetta is going to be exhausting and fruitless from your point of view. Put your effort into pursuing the claim and get on with your life.

    Some people need to know they don't get away with thinking they rule the roost. End of. It won't be exhausting for me.:T
  • Comms69
    Comms69 Posts: 14,229 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Nothing obvious about it to me, hence asking the question.



    Why would they be held to ransom by your dispute? Just doesn't make sense.
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