Landlord End of Tenancy Claim

amethyst175

Hi, I am in dispute with a landlord at end of tenancy.
We paid £1500 deposit in to a Deposit Scheme (DPS).  
He has submitted a claim of over £3000.  Why is he doing that if we only paid £1500?  His claim is unjustified and I have plenty of proof.
Would just like to understand his reasoning and how he thinks he'll could get that additional money?

princeofpounds

Because he thinks you caused £3879 worth of damage. 

The DPS arbitrator may well disagree with some of his specific claims, and/or have a different opinion on the monetary compensation that should be awarded, so there is no incentive for him to leave anything out just because his total claim goes over the deposit amount.

Does he have reasonable evidence for his claims and the sums demanded?

greatcrested

amethyst175 said:

Hi, I am in dispute with a landlord at end of tenancy.
We paid £1500 deposit in to a Deposit Scheme (DPS).  
He has submitted a claim of £3879.  Why is he doing that if we only paid £1500?

The amount of damage you do, and the cost to repair it, is not limited by the size of the deposit.

It is generally assumed, and hoped, however, that a tenant would not cause that much damage.

If the deposit does not cover the cost of the damage, and the tenant refuses to pay the extra amount, the landlord can take the tenant to court.

However, you do not say what the £3879 is for, and whether it is reasonable and justified.

See also my post here

Post 3: Deposits: Payment, Protection and Return.

amethyst175

princeofpounds said:

Because he thinks you caused £3879 worth of damage. 

The DPS arbitrator may well disagree with some of his specific claims, and/or have a different opinion on the monetary compensation that should be awarded, so there is no incentive for him to leave anything out just because his total claim goes over the deposit amount.

Does he have reasonable evidence for his claims and the sums demanded?

Absolutely not, I would concede maybe £50 for the garden.  I just wondered what the purpose was of trying to claim more than has been paid in deposit.  How does he think he will get that additional money?

princeofpounds

amethyst175 said:

princeofpounds said:

Because he thinks you caused £3879 worth of damage. 

The DPS arbitrator may well disagree with some of his specific claims, and/or have a different opinion on the monetary compensation that should be awarded, so there is no incentive for him to leave anything out just because his total claim goes over the deposit amount.

Does he have reasonable evidence for his claims and the sums demanded?

Absolutely not, I would concede maybe £50 for the garden.  I just wondered what the purpose was of trying to claim more than has been paid in deposit.  How does he think he will get that additional money?

Small claims court, presumably.

But as I pointed out, he may not actually think he is going to get all that additional money. But there is no incentive to leave any claim out, and every incentive to leave all claims in, in case certain of his claims are rejected or reduced. It's not a hard point to grasp when you think about what you would do if you were in his position.

Good luck at the arbitration.

greatcrested

same issue raised here

https://forums.moneysavingexpert.com/discussion/6213314/landlord-response-to-deposit-scheme#latest

moneysavinghero

amethyst175 said:

princeofpounds said:

Because he thinks you caused £3879 worth of damage. 

The DPS arbitrator may well disagree with some of his specific claims, and/or have a different opinion on the monetary compensation that should be awarded, so there is no incentive for him to leave anything out just because his total claim goes over the deposit amount.

Does he have reasonable evidence for his claims and the sums demanded?

Absolutely not, I would concede maybe £50 for the garden.  I just wondered what the purpose was of trying to claim more than has been paid in deposit.  How does he think he will get that additional money?

Maybe the landlord is trying it on. He thinks if he claims £3,000 a weak tenant might settle for £1,500 when they only actually owe £50. Costs the landlord nothing to try it on, worse that will happen is the deposit scheme will award him £0 - £50. Best case tenant doesn't want to cause a fuss and coughs up the full £3,000. Why would he not try it on? 

greatcrested

amethyst175 said:

princeofpounds said:

Because he thinks you caused £3879 worth of damage. 

The DPS arbitrator may well disagree with some of his specific claims, and/or have a different opinion on the monetary compensation that should be awarded, so there is no incentive for him to leave anything out just because his total claim goes over the deposit amount.

Does he have reasonable evidence for his claims and the sums demanded?

Absolutely not, I would concede maybe £50 for the garden.  I just wondered what the purpose was of trying to claim more than has been paid in deposit.  How does he think he will get that additional money?

In the same way that anyone who is owed money gets it. By first requesting it from the debtor, and then suing them in court if they refuse to pay.