ADR - what evidence I should supply?? Plus any tips on dealing with thieving letting

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

    ADR - what evidence I should supply?? Plus any tips on dealing with thieving letting

    Hi, long time lurker, as I've been having a bit of a nightmare with the Letting Agent. So Ive been in touch with DPS and ADR people asked me to supply whatever evidence I have.

    OK the main question is: They are trying to charge me for replacement of sofa, mattress, carpet, etc. to the tune of £3,000. The check out report did not state that there was much wrong with these, aside from the carpet. I accept the cost of replacement as a reasonable charge.The ad for the flat still had all the "unusable furniture in the pictures. The flat has now been let.
    Is it worth me contacting the new tenants to see if the letting agent is actually planning to replace anything? Or has done so already? Is it worth doing this, or will it not have any bearing on adjudicator's decision?

    Secondly, there was a mice infestation, so I couldnt live there, as there was a lot of mice. So I stayed in the hotel for a month which cost me over £1,000. So LA made an agreement that I would pay £500 less rent because I just didnt have the money to pay full rent as well as the cost of the hotel. Now hes saying that it was a "goodwill gesture" and since Ive apparently been such a nightmare, he is including this £500 as part of deposit deduction.
    I paid rent in advance for first and last month. Of course knowing what I know now theres no way I would have had him hold any of my money, but I didnt realise that it wouldnt be protected. Problem is that he is treating this last month's rent in advance as some sort charge for all the "hassle" he had dealing with me! Why doesnt he use this to cover £500?? He basically has £1,500 of my money and at first tried to deny that it exists and now says he is entitled to it! Will this have to go to court? Is there any way I could put a case forward for ADR people to use some of that money should they decide that I owe some?

    I have all communications and his ridiculous manner on email. Should I include hotel costs? I only have the bank statement showing the charges, will this suffice?

    Finally, he frequently entered property without my consent, in fact couple of times I was surprised I had the very unwelcome guest! Apparently he took some pictures of the place looking messy and is trying to use this as proof. Thats illegal, right? I do have emails regarding this as well. Is this worth mentioning?

    Sorry for the long post, and I really appreciate any input. This guy is literally trying to charge me £4,500 total when nothing was broken, I never had parties there or anything stupid. Its just been extremely stressful, cant wait for it to be over!

    #2
    Give the adjudicator everything you have.
    They are an independent 3rd party and will follow their own rules and procedures to determine what is appropriate.
    However they are only concerned with the amount that was protected with them - which is (I guess) only part of the total disputed amount.

    If the agent or landlord is trying to say that some of the advance "rent" is now being used because of hassle to offset other costs, it's not rent it's a deposit.
    So your response is that if it isn't advance rent, it's a deposit and it needed to be protected within 30 days of receipt and the Prescribed Information sent to you.

    If I were you, I'd go and see a solicitor and outline your issues.
    The costs of the solicitor are likely to be less than he will help you recover.
    Most solicitors will meet a potential client to discuss a case to be able to estimate costs etc.
    Contact a couple of local firms (someone on your local high street above the shops with 5-10 people working there, if someone answers their own phone, avoid!) and go and see them.
    You won't be charged for the meeting and they'll know how much you can recover and tell you if it's worth it.

    Don't be stressed.
    8-)
    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


      #3
      Thanks! That makes sense, I just didnt want to seem psychotic to ADR people! And will definitely be getting a solicitor for the "rent in advance", its looking like court. Ah, the joys of being too poor to buy a house!

      Comment


        #4
        Hi sorry to read that you are having problems.

        How much deposit did you pay?

        Do you have a copy of the check-out report?

        I note that you accept the cost of a replacement carpet, was it beyond use due to your activity or occupancy? Or the mice infestation? If it was due to the mice infestation I can not see how that would be your fault unless of course they were your mice and you let them run around eating carpet and messing everywhere? Or, would it be worn out due to age and fair wear and tear? What would a reasonable life expectancy of a carpet be, 5 to 7 years, depending on quality and footfall?

        pm
        Before acting on forum advice, you may wish to consult an expert, someone who has all the relevant facts, and who accepts liability for their advice.

        Comment


          #5
          If you paid rent for the 1st and last month, then that is what it is. It didn't require protecting.
          Did you pay a deposit on top of the rent in advance?
          Allow tenants to protect their own deposits. I want free money when they do it wrong

          Comment


            #6
            Search for a housing specialist solicitor. Some take cases on, no win no fee. And the landlord pays your solicitors too. You might be on that housing ladder sooner than you think lol.

            Comment

            Latest Activity

            Collapse

            Working...
            X