Landlord switching from agency to self managed - rules?

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  • xaviercat
    replied
    Most definitely agree.

    I was looking at timelines - we have until end of September on the ADR, then through Feb on settlement or court before TDS may step in and hand us back the money - and wash their hands of this situation as well.

    So far the LA has walked by handing the deposit to TDS, so we're completed with that group.

    I'll keep everyone updated.

    Leave a comment:


  • KTC
    replied
    Just send the letter per jpkeates. Include you're willing to reopen ADR if you want. You don't actually have to issue the court claim immediately, but sending the letter may well get the landlord to change their mind.

    Leave a comment:


  • jpkeates
    replied
    Always best to leave it for a bit.
    But there's no downside to the landlord just to sit on your money and the threat of legal action doesn't seem disproportionate to me at this point.


    But it's easy to be tough online!

    Leave a comment:


  • xaviercat
    replied
    Thanks. I'm thinking along those lines. I'm willing to let this go out a bit more so that should the LL want to return to ADR before additional money gets involved they should have the chance.

    Having think about it today before I go official in response to them. They do know where we live and seem to want to skirt all general and proper rules!

    Leave a comment:


  • jpkeates
    replied
    In this case, I would send a letter before action demanding the entire deposit be returned (unless you want to offer something to the landlord you are content with), give a deadline of a fortnight after which you will take legal action without further notice.

    I would go and sign up with Money Claim Online and, after the fortnight, simply make a small claim online.

    No point in cycling round the same issues over and over again.

    Leave a comment:


  • xaviercat
    replied
    Update - this morning we learned LL has refused ADR. We now have to attempt settlement, re-open ADR by mutual agreement, or head to court.

    Leave a comment:


  • xaviercat
    replied
    Hi Everyone,

    So update - I called TDS because man, this was confusing (let along stressing) me. I learned the LL called them yesterday, claimed he hadn't been informed of ADR and they confirmed this. In this case the ADR notification went from LA to LL and that did not happen as it should. So, okay - we got that part cleared up.

    LL has until Monday (4 days from this post) to submit evidence or refuse ADR. We can then go to court or settle, however we can also up until 29-Sept chose to mutually reopen ADR. So that is now known.

    If LL lapses in response from Monday then ADR continues as it was.

    TDS now holds the deposit so it will distribute at point of ADR resolution (if it goes there), settlement agreement, or court.

    Update you guys on what happens next - hope this might be helping people out.

    Leave a comment:


  • xaviercat
    replied
    Hello! So with the LL turning up physically and stating things I had to call TDS because it's really confusing (let alone distressing). Here's what I know so that you know:

    1. The LL has basically claimed he had no knowledge of the ADR request and TDS confirmed that the communications line (which apparently goes from LA to LL in this case) had been broken. As such:
    2. The LL has until Monday (20th of August) to upload materials/evidence or state he refuses ADR.

    Right... so let's say he refuses ADR. We can then:
    1. Try to settle.
    2. Go to the courts.

    We can reopen ADR through 29th September - or three months after end of tenancy (basically). If this lapses we only have options 1 and 2 above.

    If the LL lapses in response /choses not to respond on ADR from Monday then ADR continues.

    With the floorboards and smell - here's the thing - they've had A LOT of workers in the house. We have no idea what they are doing. We haven't had a quote. We haven't had anything given to us to have a reasonable discussion. All they do is say things and I have a small bit of email saying it was a potential issue. That's why we went to ADR - we hoped it would force documentation - we hoped it would force a sensible conversation. That's why we did what we did.

    So there's where we stand. I'll update the post on Monday.

    Leave a comment:


  • xaviercat
    replied
    I understand a LL can decline ADR, what I don't know is if there is a point of no return as the ADR had been approved to proceed when he approached my partner.

    We are here in the process: "The Casework Scrutiny manager is satisfied that all the information the adjudicator needs to reach a decision is present. We are now arranging for the case to be sent to an adjudicator." (Actual words from the submission portal.)

    My assumption is the LL paid no attention to the notices and then, realising what those notices were, proceeded not to act until - possibly - 2 to 3 days (depending on where you place the close date) AFTER point of evidence submission. My understanding is you can't ignore ADR just like you can't ignore a court summons or the ruling could default/go to summary judgement.

    The LL stated later he'd 'called them (I don't know who 'them' refers to) and said we were still negotiating. So my question - if anyone knows the answer to it - can you back out of ADR at any point?

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  • mariner
    replied
    The LL can decline ADR

    Leave a comment:


  • xaviercat
    replied
    So I checked the documentation and the ADR noted their decision as binding. The case, itself, was updated with an end date of today - so I'll update when I know more tomorrow as we might have a decision or the LL found a way to decline the ADR somehow.

    Leave a comment:


  • jpkeates
    replied
    Let the landlord do what they want.
    The protection agency will either allow it or not (I'd guess they'll allow it, but that is a guess).

    Then it'll be decided by the arbitration process.

    It would help everyone if the protection companies enforced their deadlines, but they're extremely inefficient and don't seem to be able to get their act(s) together.
    Or they think that if they're zealous it will drive business to their competitors.

    Given the low interest rates, it must be very hard for them to make any money.

    Leave a comment:


  • xaviercat
    replied
    I started another thread on this because we've gone into a mess. We waited for 'deduction costs' from the landlord for 30 days. After which we made the decision to go to ADR because we were over it. The letting agency holds the deposit and by what we believe happened they agreed to the ADR. the required 10 days pass and no evidence was submitted so we anticipate possible default ruling as the ADR group stated they were satisfied with the contributions given. So we thought all was okay, we'd all move on with our lives when the landlord physically turns up and tells my husband he had no knowledge of the ADR until only a few days before evidence was due. He said he will dispute. He then starts asking my husband for 'numbers.' Hive mind - has anyone experienced a situation where the process of ADR commences and the LL suddenly has a change of heart?

    Leave a comment:


  • HantsAgent
    replied
    Bet you a pound that one of two things will happen;

    1. The agency still holds the deposit and won’t be able to do anything without the landlord’s consent. Landlord goes quiet indefinitely.

    2. Regardless of who holds the deposit, the landlord will claim for things he has no chance of winning at ADR.

    Get the proverbial timer going now by requesting your deposit back in full from whoever holds it.

    Leave a comment:


  • xaviercat
    replied
    Hi mariner - we provided email notice out of courtesy to the landlord. We agreed a check-out date which the LL was supposed to attend due to our length of tenancy (and lack of check-in reports and hopes of a quick resolution), but did not (for one reason or another - we got several texts pushing for a later and later meet-up that eventually got unreasonable). We did, however, attend a check-out with an unbiased third party, per the request of the agency, to show we were out of the property and we exchanged keys. We even returned another set of keys that came to us late by a pet sitter which we gave to a pre-assigned contact with the old property. So, all-in-all we are actually done and dusted. Save for the deposit - which is a whole other post!

    Leave a comment:

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