DPS and Rental Agency

propertyrental

Floopy2009 said:

BarelySentientAI said:

Floopy2009 said:

 And why have they removed my account when dps process is still ongoing ?

Because you're not a tenant.  There's no obligation for them to provide access.  Given the type of data, they could probably delete it all today if they chose to do so.  A DPS claim doesn't change this.

Floopy2009 said:

Surley i am entitled to have them all, and if they dont provide me with my request surley i can refuse the claim through the dps until this is done ?

Why do you think you are entitled to them?  It often seems that when a question starts with "surely" it's because there isn't actually anything more than sentiment behind it.  Is there something in this case that actually gives you the right to see it?  It's not personal information, so GDPR isn't going to do a whole lot for you.

Obviously, you have the check-in and check-out inventories which give you all the evidence you need to claim the full deposit back from DPS.  Because you kept a copy of those, as you knew they would be important.  Yes?

Stop trying to deal with the LL and the agency.  Deal with the DPS.

Yes have all the inventory and check ins but there was 10 pages of issues that were raised which were ignored or not sorted so I need to add these to my case. 

Historic unresolved issues are ..... historic. And irrelevant. The time to address them was during the tenancy, not after it's ended.

Focus purely on deductions the LL/agent is proposing, and challenge them via DPS, but don't muddy the waters with irrelevancies.

RHemmings

saajan_12 said:

I'd focus on the actual damages claimed and your evidence to refute those. The LL or LA doesn't have to help you by sharing their evidence outside the DPS process. 

For each charge, challenge if it doesn't account for the age, as even if you were a model tenant, the LL has to expect there will be 'fair' wear and tear, so items being 9 years older than they were at the start, so many areas will have little to no remaining value. If there's still a non-negligible value after accounting for age, then go through your pictures before and after. 

You can negotiate with them or when it gets unproductive then just go to the DPS and raise a claim. 

I agree, but would advise keeping the negotiating to through the DPS site. As it creates a paper trail. I believe that the OP is getting a bit off-track through arguing with the EA, and should stick to the DPS and the information that's needed. 

E.g. if the carpet is beyond its expected lifetime (which I believe it is given the evidence), and was already dirty on moving in, then that alone should be sufficient to counter any claim for the carpet through the DPS. 

However, I think it's useful to challenge the EA to provide information that would be useful for the claim through the DPS. E.g. evidence of the age, and original quality, of the carpets. And, if the EA dodges those questions, then that failure to answer can be included in the claim to the DPS. 

But, negotiation? I wouldn't do that outside the DPS. As I suspect that negotiation will tend to slide into points not relevant to the claim/offer through DPS, and any mediation that occurs. 

anselld

There is a distinction here between cleaning and damage.  The various arguments about lifespan, age and betterment apply to damage if the L is claiming the need to replace carpets.  However the L is simply claiming for cleaning.  Hence the only issue is are the carpets clean compared to how they were on moving in.  It is not unreasonable to require the carpets to be in a clean state on return and if they have not been cleaned in 8 years it is likely they will need it regardless of wear and tear / damage issues.

saajan_12

Almost entirely disagree with this. The aim is (presumably) to get the minimise deposit deductions and conclude the process swiftly. Your suggestions elongate the process. 

RHemmings said:

saajan_12 said:

I'd focus on the actual damages claimed and your evidence to refute those. The LL or LA doesn't have to help you by sharing their evidence outside the DPS process. 

For each charge, challenge if it doesn't account for the age, as even if you were a model tenant, the LL has to expect there will be 'fair' wear and tear, so items being 9 years older than they were at the start, so many areas will have little to no remaining value. If there's still a non-negligible value after accounting for age, then go through your pictures before and after. 

You can negotiate with them or when it gets unproductive then just go to the DPS and raise a claim. 

I agree, but would advise keeping the negotiating to through the DPS site. As it creates a paper trail. - No paper trail needed, the relevant evidence is all in the past ie pictures, quotes and receipts. Who said what in the 'negotiation' is irrelevant until they agree, and an email saying we agree to £x or £0 is plenty.
Not familiar with DPS specifically as I use a different scheme but the DPS may not have the option to go back and forth, and will likely be slower than an instant email.  The DPS is there as a backstop but no harm in doing both. 
I believe that the OP is getting a bit off-track through arguing with the EA, and should stick to the DPS and the information that's needed. - agree with this. 

E.g. if the carpet is beyond its expected lifetime (which I believe it is given the evidence), and was already dirty on moving in, then that alone should be sufficient to counter any claim for the carpet through the DPS. - agree. That point can be made via email or DPS. 

However, I think it's useful to challenge the EA to provide information that would be useful for the claim through the DPS. E.g. evidence of the age, and original quality, of the carpets. And, if the EA dodges those questions, then that failure to answer can be included in the claim to the DPS. - no, the EA doesn't have to answer the OP's questions directly, so the failure to provide the info ahead of time outside is irrelevant and will only make OP look like they are going off topic. 

But, negotiation? I wouldn't do that outside the DPS. As I suspect that negotiation will tend to slide into points not relevant to the claim/offer through DPS, and any mediation that occurs. - as above, no harm in sending an email with the damages OP agrees to (if any) and asking for prompt payment, saying otherwise they will request the same via DPS. No need to respond to other side points.  

My point is just that there's no harm in sending an email saying 
 "you want to deduct for x, y, z. Here is why x, y are not valid and z is inflated. The valid deductions are 30% of the cost of z only. Please confirm you agree and send the balance to my account within 5 days. I cannot agree to anything higher so if payment is not forthcoming then I'll allow DPS to settle this."

Best case, the LL / LA realises they have nothing further to gain and pay the balance, saving OP the effort of collating the pictures and sending to DPS. Worst case they go to DPS as planned. In neither option does OP need to get into other unrelated discussions. 

BarelySentientAI

anselld said:

There is a distinction here between cleaning and damage.  The various arguments about lifespan, age and betterment apply to damage if the L is claiming the need to replace carpets.  However the L is simply claiming for cleaning.  Hence the only issue is are the carpets clean compared to how they were on moving in.  It is not unreasonable to require the carpets to be in a clean state on return and if they have not been cleaned in 8 years it is likely they will need it regardless of wear and tear / damage issues.

Not completely clear that this is the case - as the original post did mention "damage" to the carpets.

However, the OP later clarified that the carpets were dirty on the original inventory but have been cleaned before check-out.

Whether the LL decides to try for cleaning or for replacement, both claims are wrong according to the evidence we have.

RHemmings

saajan_12 said:

Almost entirely disagree with this. The aim is (presumably) to get the minimise deposit deductions and conclude the process swiftly. Your suggestions elongate the process. 

RHemmings said:

saajan_12 said:

I'd focus on the actual damages claimed and your evidence to refute those. The LL or LA doesn't have to help you by sharing their evidence outside the DPS process. 

For each charge, challenge if it doesn't account for the age, as even if you were a model tenant, the LL has to expect there will be 'fair' wear and tear, so items being 9 years older than they were at the start, so many areas will have little to no remaining value. If there's still a non-negligible value after accounting for age, then go through your pictures before and after. 

You can negotiate with them or when it gets unproductive then just go to the DPS and raise a claim. 

I agree, but would advise keeping the negotiating to through the DPS site. As it creates a paper trail. - No paper trail needed, the relevant evidence is all in the past ie pictures, quotes and receipts. Who said what in the 'negotiation' is irrelevant until they agree, and an email saying we agree to £x or £0 is plenty.
Not familiar with DPS specifically as I use a different scheme but the DPS may not have the option to go back and forth, and will likely be slower than an instant email.  The DPS is there as a backstop but no harm in doing both. 
I believe that the OP is getting a bit off-track through arguing with the EA, and should stick to the DPS and the information that's needed. - agree with this. 

E.g. if the carpet is beyond its expected lifetime (which I believe it is given the evidence), and was already dirty on moving in, then that alone should be sufficient to counter any claim for the carpet through the DPS. - agree. That point can be made via email or DPS. 

However, I think it's useful to challenge the EA to provide information that would be useful for the claim through the DPS. E.g. evidence of the age, and original quality, of the carpets. And, if the EA dodges those questions, then that failure to answer can be included in the claim to the DPS. - no, the EA doesn't have to answer the OP's questions directly, so the failure to provide the info ahead of time outside is irrelevant and will only make OP look like they are going off topic. 

But, negotiation? I wouldn't do that outside the DPS. As I suspect that negotiation will tend to slide into points not relevant to the claim/offer through DPS, and any mediation that occurs. - as above, no harm in sending an email with the damages OP agrees to (if any) and asking for prompt payment, saying otherwise they will request the same via DPS. No need to respond to other side points.  

My point is just that there's no harm in sending an email saying 
 "you want to deduct for x, y, z. Here is why x, y are not valid and z is inflated. The valid deductions are 30% of the cost of z only. Please confirm you agree and send the balance to my account within 5 days. I cannot agree to anything higher so if payment is not forthcoming then I'll allow DPS to settle this."

Best case, the LL / LA realises they have nothing further to gain and pay the balance, saving OP the effort of collating the pictures and sending to DPS. Worst case they go to DPS as planned. In neither option does OP need to get into other unrelated discussions. 

From my reading of the OP's posts, they have tried this and the EA is not playing ball. And, the discussions are going off-piste. Hence, my recommendation. 

I would never recommend what I have done as a first strategy. I'm recommending it now because the OP has tried to be reasonable and it isn't working. 

Floopy2009

So update on this, the landlord is now claiming for the following, dont understand why the estate agent has let him submit some of these wasting everyones time 

10 window keys, even though only 2 were missing not sure why the landlord thinks he can claim for 8

3 new blinds, one which is torn due and the string two other are frayed.

The blinds are well over 10 years old and very poor quality and the reason it was torn was due to constantly wiping the mould of them and the window. Window is also in bad repair which he refused to get  replaced

All upstairs rooms, landing and stairs to carpet cleaned

Have evidence of carpets being stained and dirty from a invoice and some of the inventory pics. when i moved had to get them cleaned and also cleaned when i left. All carpets are 13 years and older. Also there has been water damaged from leaking pipes which damaged the carpers all recorded on the estate agents system,

Replacement two locks on a window

So this was an interesting one, the window which needs replacing had two different standard locks on, The key was broken in one lock and could never open the window through the tennacy. The problem is i lost the broken key so he is trying to claim back on this. There is no record on the inventory that the window keys worked or opened the window, so i am going to challlenge him to prove 

1 ,That the key opened both locks
2. That the window would open  before tennacy started based on his last tennant 

I was just going to pay for the key on this

So the grand total is now 400 he is trying to claim from me. Bascially i am going to pay for three replacment keys and then fight the rest out through the dps, just hope i get a decent solicitor to review case

I have had the above in a email from the estate agent but are still waiting on landlord approval its been neartly 2 months since i submitted my money back from the dps. The landlord is doing this on purpose and delaying things, just another one of his power trip and humilation tactics on me. Nothing really i can do but sit and wait.

Interested to hear your thoughts on the above

RAS

Please stop engaging with the LL and EA. You're approaching this from completely the wrong tack.

Claim back the entire deposit from the DPS now, since you didn't do it when you left.

When the LL goes back to the DPS claiming for the carpets and blinds, confirm their age, the duration of your tenancy and provide any evidence of their condition when you moved in and that you cleaned them. You might want to mention the need to clean mould from a blind because of the old window but just about everything else is irrelevant.

Floopy2009

RAS said:

Please stop engaging with the LL and EA. You're approaching this from completely the wrong tack.

Claim back the entire deposit from the DPS now, since you didn't do it when you left.

When the LL goes back to the DPS claiming for the carpets and blinds, confirm their age, the duration of your tenancy and provide any evidence of their condition when you moved in and that you cleaned them. You might want to mention the need to clean mould from a blind because of the old window but just about everything else is irrelevant.

I have claimed back through the dps about 2 months ago full amount. But the landlord and agency have still not submitted or agreed to release it

RHemmings

Floopy2009 said:

RAS said:

Please stop engaging with the LL and EA. You're approaching this from completely the wrong tack.

Claim back the entire deposit from the DPS now, since you didn't do it when you left.

When the LL goes back to the DPS claiming for the carpets and blinds, confirm their age, the duration of your tenancy and provide any evidence of their condition when you moved in and that you cleaned them. You might want to mention the need to clean mould from a blind because of the old window but just about everything else is irrelevant.

I have claimed back through the dps about 2 months ago full amount. But the landlord and agency have still not submitted or agreed to release it

It sounds to me as if you have a very strong case for all of the deposit back.

If the LL doesn't respond, then things do get a bit difficult. Providing you mean the actual company DPS, then the method is this (which is not good for the tenant): 

https://www.depositprotection.com/repayments/statutory-declaration-process-tenants

If I was in your position, OP, I would start going through the EA's formal complaints process. Raising a complaint that they have not responded to your claim for the deposit after two months. As part of that, say that you are preparing to go through the statutory declaration process to reclaim the deposit, due to their inaction. If you want, give a date when you will start that process. 

This may encourage them to respond. If not, then perhaps you would have to actually go through the statutory declaration process, which will cost you both money and time.

You would then have the option of making a complaint through the ombudsman, and hopefully you might get compensated both for the cost of the statutory declaration process, and also perhaps a few pennies for your inconvenience etc. 

Note that the ombudsman the EA is a member of should be on the EA's website. As should information about their formal complaints process. Make sure that any complaint you make is clearly going through their formal complaints process so that the EA knows that the next step is the ombudsman service they belong to. 

Note also that I'm not a lawyer, just a person on the internet. And none of the above is legal advice, and you should check it all for accuracy.