UK Landlord Forum / Life

Hi All,

I've claimed about £1,500 out of my former tenants deposit for damages caused during their tenancy. They are refuting this and are about to launch a Dispute using the deposit protection agency.

I have said that I will not use the ADR and will proceed to use the court if they refuse to accept the damages and additionally claim court fees from them. They have come back saying it would be hard for me to claim the court costs when I have refused ADR. Is there any merit to this claim or is using the court my choice completely?

Second question I had was that part of the damages was caused by a window. The dispute is ongoing over liability but the repairs were done in July, 3 months after the damage was reported. A board was put up over the window prior to the replacement. Will the tenant be able to use this against me or is time an irrelevant factor?

Thanks,

Kenny

Why are you afraid of the outcome of the ADR findings ?

This is meant to be fair and objective.

I am not sure that a court will be too impressed if you have not shown that you have escalated things properly.

I believe their claim is spurious and they are only trying to bring me to deposit dispute on the off chance that part of their claim goes through.

Therefore I would rather progress through the court. Is there any merit to the timing issue?

Kenny

I would save yourself some stress and trust the ADR.

Pragmatically speaking, where is the deposit?

It is held in a custodial scheme, or do you have it in your possession? It is your (or, indeed, the Tenant's) right to refuse to use the ADR process and go via Court. You would suspect the Court would not look too kindly upon the party who effectively brought them to that juncture... however, it's all good brinkmanship, for certain.

I think your window timing will be irrelevant... long time though.