Alternative Dispute Resolution with Tenancy Deposit Scheme or Legal Action?

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

    Alternative Dispute Resolution with Tenancy Deposit Scheme or Legal Action?

    I provided a list of damages and costs (minus fair wear and tear) with the check out report to the vacated tenant. They requested their full deposit be returned in full and did not request the deposit return through the tenancy deposit scheme.

    I had to commence legal action as the damage far exceeded the deposit held (three times) but I was claiming half the total cost, then as the property was unable to be let for weeks due to getting trades in, the solicitor added on the equivalent of a months rent.

    The tenant has basically refused to engage with the solicitor, other than six weeks after vacating claiming there was an issue with repairs not being completed. They have now tried to reclaim through the deposit scheme and will likely try and use the arbitration process (as they favour the tenant). As I am mid legal action, potentially proceeding to Court, can I avoid Alternative Dispute Resolution and how?

    The tenancy deposit scheme is useful in FAQ or how a landlord responds or claims against the deposit when a tenant has actioned a reclaim.

    Thanks.

    #2
    If you are definitely going to court to claim for more than the amount of the deposit, then just stick with that. I don't know whether you would had to have agreed to ADR when you protected the deposit with your particular scheme, but if you are taking legal action, you should definitely be able to refuse ADR. If insured, you probably need to transfer the deposit to the scheme to hold while the legal action is ongoing though.

    Originally posted by KTZ32 View Post
    the arbitration process (as they favour the tenant)
    Landlords think it favours the tenant, while tenants think it favours the landlord.
    I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

    I do not answer questions through private messages which should be posted publicly on the forum.

    Comment


      #3
      Originally posted by KTC View Post
      Landlords think it favours the tenant, while tenants think it favours the landlord.
      https://www.lettingagenttoday.co.uk/...-agents-at-DPS

      Of the DPS adjudications, the large proportion (41.5%) found wholly in favour of the tenant and just 19.1% wholly in favour of the landlord or letting agent

      Comment


        #4
        That doesn't mean it favours the tenant in the sense that it's unfair or bias.
        I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

        I do not answer questions through private messages which should be posted publicly on the forum.

        Comment


          #5
          Originally posted by KTC View Post
          That doesn't mean it favours the tenant in the sense that it's unfair or bias.
          'course not mate...

          Comment

          Latest Activity

          Collapse

          • Reply to DPS dispute resolution service
            by Chester Perry
            £900 deposit and the Letting Agent requested the whole deposit as the cleaning and redecorating to fix non wear & tear damage was estimated at approx £4000 and also they stole / took 2 x fridge freezers. Independent inventory on moving in and moving out backed all this yet the TDS awarded £700!...
            18-04-2021, 21:14 PM
          • DPS dispute resolution service
            by Thomasdiets123
            What's everyone's experiences with the DPS dispute service. Did you get what you claimed? Did you have good evidence to back it up?
            Thank you....
            12-04-2021, 16:37 PM
          • Reply to Rent arrears
            by Bixwier
            Have any evictions ever gone ahead since cv19?

            how long is the backlog now? Are bailiffs actually working?

            what happens if tenants say they have symptoms and are shielding?
            18-04-2021, 18:09 PM
          • Rent arrears
            by MP31
            Hi

            So I have a tenant who has build up large rent arrears and I have gone through the process with the solicitor of S8 for rent arrears and I have a court date In April. The tenant left the house last Monday and informed me they had left.
            To me it seems unlikely I will ever get...
            21-02-2021, 07:43 AM
          • Reply to Notice Period to Tenants
            by Bixwier
            Have any evictions ever gone ahead since cv19?

            how long is the backlog now? Are bailiffs actually working?

            what happens if tenants say they have symptoms and are shielding?
            18-04-2021, 18:03 PM
          • Notice Period to Tenants
            by annam222
            Hi all,
            I rent out my flat using an estate agents let & collect service. It is rented out using an assured shorthold tenancy agreement of 12 months (no break clause). The 12 months ends in August this year. I have just been told by the estate agents that "due to Covid the law has changed...
            01-03-2021, 14:54 PM
          • Reply to County court bailiffs
            by Bixwier
            Have any evictions ever gone ahead since cv19?
            18-04-2021, 18:01 PM
          • County court bailiffs
            by Perce
            Hello All

            What county court bailiffs do if they come to evict and the tenants say they are not feeling well?...
            24-02-2021, 13:42 PM
          • Reply to New AST under probate
            by PGTV
            I suppose someone has to pay for all this furlough money, so why not tax the dead more.

            no wonder everyone is on a scam or fiddle. You can be like my parents - honest all their lives, but are getting hammered in death taxes. And both were failed by the NHS too
            18-04-2021, 17:27 PM
          • New AST under probate
            by PGTV
            Hi. Quick question

            property portfolio is under probate.

            the land-lady (Mum) used the family office address as the landlord address on the tenancy agreement, rather than her home address. Always did this for 20 odd years.

            Under probate, I have to sign a new tenancy...
            16-04-2021, 14:51 PM
          Working...
          X