AST arbitration - legal / agent fees

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

    AST arbitration - legal / agent fees

    I recently finished my tenancy and the landlord has notified that they will withhold some of the deposit to cover damages. Whilst I agree that I am liable for some damages caused, the amount quoted is excessive (full replacement rather than repair). I am currently deciding whether or not to go through arbitration as part of my deposit scheme (AST). I’ve read online that “Both parties to an arbitration dispute will be jointly and severally liable for the costs and fees involved”.

    If my landlord pays a lawyer or agent to put together their case, will these fees be split between myself and the landlord? In some cases, I understand that the ‘losing’ party may be liable for these costs. However, I am not sure how they can decide who the ‘losing’ party is if I am agreeable to the fact that I am liable but not the amount?

    If the fees are joint and several, I may try to negotiate to meet the landlord halfway instead.

    Thanks in advance!


    #2
    The dispute services with the deposit scheme is free, they don't charge you.

    Comment


      #3
      Thanks Ash72. I am aware that the service is free, however, as my landlord doesn’t speak English, they will likely pay their agent/lawyer to put together their case. My question is whether the fee they incur to put this together will be joint and several (I.e. I will need to pay half of this). Can they claim this as part of the compensation?

      Whilst I don’t think it is particularly fair, especially if the tenant does not have the means to afford a lawyer, are there any cases where it is also payable by the tenant?

      Comment


        #4
        They may be charged a fee for the claim, but again you can dispute this item as it has nothing to do with the deposit. The clause is most likely if you are taken to court.

        Comment


          #5
          Originally posted by Bananaboat View Post
          I’ve read online that “Both parties to an arbitration dispute will be jointly and severally liable for the costs and fees involved”.
          You read that here, I think.
          https://www.landlordzone.co.uk/infor...ation-and-adr/

          That's not discussing the deposit scheme dispute resolution process, it's a general article on arbitration as a solution to disputes.

          The deposit scheme won't allow a further claim for legal fees arising from the dispute.
          The landlord would have to go to court to claim those (and would have to have won the dispute - which, as they're claiming new for old, they won't).

          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


            #6
            The chances are that if he consults a solicitor, they will clarify what he is really entitled to claim and he will adjust his demand accordingly.

            Comment


              #7
              Thanks all for your responses! Hopefully his agent can persuade him to accept the offer.

              Comment

              Latest Activity

              Collapse

              Working...
              X