Pet smells and deposits and no check-in report

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

    #31
    ADR can only award the recipient up to the Deposit amount. Any compensation beyond that can only be awarded by a Judge (say in SCC).
    You have no right to see tradesmen estimates (DPA), only what LL is claiming.

    Comment


      #32
      I would be inclined to just ignore them. Any reply will prompt them to take further action.
      If they have refused ADR any judge will be unimpressed with them, which wont help their case.
      I am assuming you have none of your deposit back yet? Might be worth talking to the deposit protection people, see how you go from here. No ADR etc makes it tricky but it wont be a situation they havent seen before.

      Comment


        #33
        Thanks, sam_cat . We have gotten advice from here, the deposit group and the Citizens Advice Bureau over the past five months that they haven't been in contact. This is what we know:

        - We could take them to court, but the risk of them disputing would likely be high. This would drag out for a likely minimum of six months and they could get something however...

        - There isn't a check-in report, we know the repair work (lump figure, they didn't break it down and I understand they don't have to) did not result in like-for-like. So we have a betterment issue and the sum they gave is higher than the deposit itself, so there could be more court if they wanted to claim beyond the deposit. They don't appear to want to follow process or use landlord tools to properly propose settlement... it all appears very vague in execution. And...

        - While they don't appear to be going after carpet and underlay based on wording (we can argue end of life fairly easily - 8 years there and the carpet wasn't new when we arrived) what they want is resolve for the 'smell' which I think was a combination of the carpet cleaning products + having an elderly dog. We have documentation from ourselves and the cleaners stating we'd get them to go back to resolve this issue. They declined. I'm assuming somewhere in the £1,800 is the fixing of said smell.

        As such I think if we went to court we'd win, however, I honestly don't want to put in the work and would rather they make that decision and we respond accordingly to it. (Which we would do.)

        - So as it stands:
        -- We did attempt to fix things in good faith and they declined.
        -- We did attempt ADR to mediate the situation and have someone not involved in this matter figure out if we owed anything, and they declined.
        -- The deposit group told us at point of ADR refusal it was now the ex-LLs responsibility to propose settlement to us and that no monies would be distributed until we reach an agreement in writing, a court order is issued, or a period of six months had passed at with no progression in the case where they could (at their discretion) release the deposit back to us. (Note that six months is zero progression - not us waiting for the courts to give a date to the case.)

        So, one month before the last action could (possibly) take place we have a number and a request for us to tell them what we think is reasonable less wear and tear.

        Ignoring it is a reasonable action as it could result in forcing escalation on their part, which they have right to and there is process for this. Based on history I don't know if they would, in fact it would take them doing something likely more significant than they have this entire time as there would be questions to answer and proof to provide. Difficult to say when doing the minimum possible has been their primary mode throughout our time letting and this deposit dispute - but it is possible.

        My issue is this: we're technically neighbours having bought the house next door. It is a bit of an unfair advantage on our part that we know about the improvements to the property (which I could have meticulously documented but realised that it could be seen very negatively) and how quickly and for how long the property they own has been let out for. These people could, in theory, show up and knock on our door over this at any time, and honestly that might be their next step as the idea of process is foreign to them. So I can't ignore it outright, but I'm no longer in a position in which negotiation is desirable as we believe our case for a deposit returned in full is strong.

        We're not intending to respond straight away, and reflecting on my response written I feel like I want to politely decline to engage further. If they escalate they escalate.

        In hindsight I wish they had agreed to ADR as I don't want animosity and a neutral party would have been great as I will be honest in stating that I would have respected the decision. But again, their behaviour leans to some level of bad feelings happening regardless of outcome.

        Comment


          #34
          Have you made a Single Claim yet under the deposit scheme?

          Comment


            #35
            Hi DPT57 - First, we are the tenant. We waited one month after departure from the property and requested ADR as the ex-LL provided no figures, documents, etc. They declined ADR stating they would provide us a number, which they did, five months later. The deposit is currently held with DPS pending us agreeing in writing, getting a court settlement, or no progression in the case for more than six months (not including waiting time for court dates).

            Based on this I don't believe the ex-LLs can file a Single Claim. I'll check, however, thank you.

            Comment


              #36
              I understand that. Either party can use the single claim process. I think you should focus on that

              Comment


                #37
                I believe you also can file a single claim.
                Pick up the phone to the deposit co (whichever one it is) and have a chat, they have been very helpful when I have done this in the past.
                Sounds like you have a cut and dry case from what we can see, make sure you have all your evidence collated in an easy to ready fashion just in case you need it.. No check in report and LL refusing your offer of getting the company back and refusing ADR makes this a no-brainer from my point of view.

                Comment


                  #38
                  Originally posted by sam_cat View Post
                  If they have refused ADR any judge will be unimpressed with them, which wont help their case.
                  As Mariner pointed out, the claim would be for more than the deposit amount which ADR has no power to grant, so it would be perfectly reasonable for the landlord to pursue a court claim.

                  Comment


                    #39
                    If the tenant makes a single claim, it forces the landlord to either let the deposit go or submit a claim via the protection company.
                    It removes their option to do nothing or to make unacceptable offers offline.

                    Either way it forces the issue to move on and breaks the impasse.
                    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                    Comment


                      #40
                      As a tenant, I did exactly this. On move out the LL notices a small chip in a laminate floor plank that was laid 12 months prior. He wanted hundreds (£350 I think his claim was) because in order to replace the plank the whole floor had to be lifted. He did provide quotes and ultimately a receipt that this was done.
                      I argued that products were on the market and reviewed well, that would 'fill' the small hole (was made when I think I stood on a chair to replace a lightbulb and the chair leg pushed into the (not top of the range) flooring.

                      I initiated the single claim process. It went to arbitration - all done over email/filling out online forms and attaching documents etc. While I couldn't show evidence of the floor damage (as I hadn't spotted it), I provided evidence of the meticulous cleaning and repainting I had done throughout the property. I argued that the damage must have been small enough for me not to notice otherwise I clearly would have filled it myself using one of the ~£10 to £15 products available (I provided links to the products)

                      A few weeks later the decision came back. I paid £70 out of the deposit and the rest was returned. I was happy with that result.

                      Just thought I'd share my experience in case its useful - good luck with your nightmare of an ex LL!

                      Comment


                        #41
                        So it appears Single Claim no longer exists. It's ADR, agreeing settlement, courts, or so much time passing the deposit agency returns the money. I cannot modify or update and dispute and, at the moment, the deposit agency is not accepting phone calls. As I said we'd likely sit for a bit and think (not long, but a bit) I'll see this as a sign to walk away for a few. As such if anyone sees links for Single Claim that I'm not seeing with TDS (that's the group holding the deposit) please let me know!

                        Comment


                          #42
                          Not familiar with them, but a quick dig gives us this:
                          https://www.tenancydepositscheme.com...-a-dispute.pdf
                          from here:
                          https://www.tenancydepositscheme.com...and-forms.html

                          It does sound like they dont do single claim.. So you may need to go the court route, not sure if MCOL or some such would do?

                          Comment


                            #43
                            Looks like the tenant has to raise a dispute if the landlord goes quiet.
                            The landlord has an absent tenant procedure.
                            Which is a bit unbalanced.

                            Glad I don't use TDS.
                            When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                            Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                            Comment


                              #44
                              It would be nice if there were a absent landlord procedure, but there doesn't appear to be one.

                              Thank you all for the advice - I'll keep you updated.

                              Comment


                                #45
                                Hi Everyone,

                                So, here's what we did:
                                - We listed out and clearly stated each point they were arguing
                                - Under this we listed our work to remedy the situation, all of which they declined or did not respond to. This includes sending the cleaners back (offered almost immediately after the smell was detected) and offering ADR so as to pay whatever owed (or not) through having someone look unbiased at our position.

                                We explained that by being technical neighbours that his situation was deeply unpleasant. And we finished that the sheer amount of time they spent in providing us any figure without any complete and reasonable level of documentation (read as: none) would not be seen as favourable should they decide to take us to court to recover their stated loss.

                                We decided to make an offer of a very small sum to close everything up and walk away in gesture of good faith (again, being technical neighbours we realised being downright cruel would continue to strain an already strained relationship).

                                To sum: We had a dog, he was old (he passed before Christmas this year... we miss him but he was with us a long time), we tried to do everything right, and it wasn't. Why they said no to all the offers made is beyond me but still...

                                They finally wrote back stating that they realise this has gone on too long, they'll agree to 'whatever we deem right' - so we *might* have reached an end. I'll let you know.

                                Comment

                                Latest Activity

                                Collapse

                                Working...
                                X