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  • FIRST POST
    • saver_ali
    • By saver_ali 12th Jul 18, 3:22 PM
    • 47Posts
    • 11Thanks
    saver_ali
    Problem Landlord/ DPS /Rent Smart Wales
    • #1
    • 12th Jul 18, 3:22 PM
    Problem Landlord/ DPS /Rent Smart Wales 12th Jul 18 at 3:22 PM
    My son and his 2 friends are having difficulty getting the deposit back from the landlord of their student house, and I would appreciate some advice.

    The landlords (a mother and daughter) are impossible to deal with.

    The initial viewings and contracts were handled by an agent, but management was then taken over by the landlords themselves. We realised how difficult they were to deal with when trying to arrange to collect the keys, but it was too late to pull out then.

    Now that the tenancy has ended we have been trying to get the deposits back, but are again finding it impossible to deal with them. They are making claims that there is damage, but are not giving any coherent list of the problems or how much they want to deduct from the deposit.

    They have been ranting over the phone and sending emails that can only be described as garbled and unhinged. They have threatened to call the police for theft and malicious damage, but despite repeated requests from us, they will not say what they are alleging has been damaged or stolen. We feel that they are just trying to bully and intimidate the kids.

    I have done professional mediation, and one of the other mums works for a letting agency, and we are trying to bring some calm to the process but we can!!!8217;t reason with them either.

    As we weren!!!8217;t making any progress, we have now requested the deposit from the DPS, with a view to using their Dispute Resolution Service (DRS). However, the landlords have said that they do not have to agree to use this service, which I believe to be correct, although unhelpful.

    Therefore we would have to resort to the Single Claim Process. In either case, I feel that we have sufficient information that any arbitration process would eventually find in our favour, but it will be very painful.

    However, the property is in Wales, and it transpires that the landlords don!!!8217;t have Rent Smart Wales licences, and the property isn!!!8217;t registered with Rent Smart Wales. Both are legal requirements, and the landlords can be prosecuted. We could even apply for a Rent Repayment Order if the landlord is prosecuted.

    Much as I am tempted to email the landlords saying something like !!!8220;we!!!8217;ll report you if you don!!!8217;t return our deposit!!!8221;, that would be probably be deemed as blackmail!

    We could tell them that we are aware that they are unlicensed, and hope they see sense and return the deposit, but I suspect it will just inflame the situation further.

    Do we just go ahead and report them?

    Or do we wait until the Single Claim Process, and use that as part of our evidence?

    Does anyone have any suggestions?

    Thanks.
    Last edited by saver_ali; 12-07-2018 at 3:55 PM. Reason: I've removed some unnecessary over emotional wording!
Page 1
    • Paul_DNAP
    • By Paul_DNAP 12th Jul 18, 3:53 PM
    • 288 Posts
    • 339 Thanks
    Paul_DNAP
    • #2
    • 12th Jul 18, 3:53 PM
    • #2
    • 12th Jul 18, 3:53 PM
    Don't threaten them with a dispute case and reporting them, just do it. Open a dispute directly with the deposit scheme in use, tell them the landlords are unable to produce an inventory list to back up their claims and they want their deposit released, and that they have already rejected the resolution services.
    And then contact the regulatory bodies that they ought to be part of. Also, contact the university about them so that their housing officers don't recommend their housing to anyone else.
    Don't worry about their feelings or their reputation, if they were worried about that they'd be 100% legit and legal.
    (Although I could be wrong, I often am.)
    • FBaby
    • By FBaby 12th Jul 18, 5:46 PM
    • 16,995 Posts
    • 41,887 Thanks
    FBaby
    • #3
    • 12th Jul 18, 5:46 PM
    • #3
    • 12th Jul 18, 5:46 PM
    Write to them, registered and say that they have two options, either return the full deposit within 7 days of this letter being sent, or you will report them.

    Hopefully that will get it sorted asap and you can all move on. Unless of course you are happy to take it further.
    • saver_ali
    • By saver_ali 12th Jul 18, 7:25 PM
    • 47 Posts
    • 11 Thanks
    saver_ali
    • #4
    • 12th Jul 18, 7:25 PM
    • #4
    • 12th Jul 18, 7:25 PM
    Thanks for the comments. Since my original post, my son received an email which included comments such as:

    "This has to stop now, do not think you can trip us up by making these spurious and false allegations just to get out of your legal responsibilities?

    it shows a complete and utter lack of integrity from you and your mother.

    If you wish to become a professional accountant, you will need to possess truthfulness. I am bitterly disappointed wit the way you are handling this and your lack of integrity"

    Since they left the property 3 weeks ago there has been no written or email correspondence about the condition of the property. They have just been bombarding the 3 of them with phone calls and the occasional text, even though we asked that they communicate by email.
    • jbainbridge
    • By jbainbridge 13th Jul 18, 7:48 AM
    • 1,795 Posts
    • 1,174 Thanks
    jbainbridge
    • #5
    • 13th Jul 18, 7:48 AM
    • #5
    • 13th Jul 18, 7:48 AM
    Stop dealing with the landlord, claim the deposit back through the scheme.
    • csgohan4
    • By csgohan4 13th Jul 18, 8:08 AM
    • 5,029 Posts
    • 3,208 Thanks
    csgohan4
    • #6
    • 13th Jul 18, 8:08 AM
    • #6
    • 13th Jul 18, 8:08 AM
    don't forget to report them, I feel sorry for the future tenants
    "It is prudent when shopping for something important, not to limit yourself to Pound land/Estate Agents"
    • Pixie5740
    • By Pixie5740 13th Jul 18, 8:19 AM
    • 13,111 Posts
    • 18,872 Thanks
    Pixie5740
    • #7
    • 13th Jul 18, 8:19 AM
    • #7
    • 13th Jul 18, 8:19 AM
    Since you first posted for advice has your son, or any of his friends, started a claim with the deposit scheme? If not why not?

    Read G_M's Guide to Deposits: payment, protection and return.
    • saver_ali
    • By saver_ali 13th Jul 18, 9:09 AM
    • 47 Posts
    • 11 Thanks
    saver_ali
    • #8
    • 13th Jul 18, 9:09 AM
    • #8
    • 13th Jul 18, 9:09 AM
    Yes, we requested the deposit through the DPS scheme at the beginning of the week. The landlords got very angry and said that they don't have to agree to use the dispute resolutions service.

    They do appear to be correct in this, so we would have to take alternative legal action. That's why I'm wondering if we can use the fact that they aren't registered with Rent Smart Wales as leverage.
    • wildheart83
    • By wildheart83 13th Jul 18, 9:11 AM
    • 714 Posts
    • 352 Thanks
    wildheart83
    • #9
    • 13th Jul 18, 9:11 AM
    • #9
    • 13th Jul 18, 9:11 AM
    Claim the deposit back through the scheme, you don't need to tell them you're doing it, just do it.

    Stop all communication with them and if you feel strongly enough, report them to the appropriate people and let them deal with it.
    • bigisi
    • By bigisi 13th Jul 18, 9:51 AM
    • 360 Posts
    • 655 Thanks
    bigisi
    Yes, we requested the deposit through the DPS scheme at the beginning of the week. The landlords got very angry and said that they don't have to agree to use the dispute resolutions service.

    They do appear to be correct in this, so we would have to take alternative legal action. That's why I'm wondering if we can use the fact that they aren't registered with Rent Smart Wales as leverage.
    Originally posted by saver_ali
    It might help if you actually read and digested the information you're being given on here as you don't seem to be taking it in.
    • Pixie5740
    • By Pixie5740 13th Jul 18, 10:16 AM
    • 13,111 Posts
    • 18,872 Thanks
    Pixie5740
    Yes, we requested the deposit through the DPS scheme at the beginning of the week. The landlords got very angry and said that they don't have to agree to use the dispute resolutions service.

    They do appear to be correct in this, so we would have to take alternative legal action. That's why I'm wondering if we can use the fact that they aren't registered with Rent Smart Wales as leverage.
    Originally posted by saver_ali
    That's correct the landlord doesn't have to agree to use the arbitration service. However, the landlord does have to take some action or the full deposit will be returned to the tenant. If the landlord does reply to DPS and can't agree with your son about deductions and then refuses to use the arbitration service then it's off to small claims court for your son. The judge will not be impressed that the landlord refused to use arbitration.

    You could try using the fact the landlord is not registered with Rent Smart as leverage but as there are two legal mechanisms for your son getting his deposit back (arbitration and small claims) I would use those and report the daft cow to Rent Smart.
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