SMF - Just Installed!

Nightmare with Landlord, Courts and DPS

Started by KaynAlan, November 27, 2011, 12:01:09 PM

Previous topic - Next topic

KaynAlan

Hi all - am hoping for a bit of advice as we're at our wits end here!

Moved into a property back in March last year and moved out a year later.  When I moved in, the place was OK, but a bit of a mess - it needed a good clean, the fridge was mouldy, there were open paint tins under the stairs, a couple of doors etc cracked - nothing major, but needed a fair bit of cleaning etc.  I took photos of the place the first day (which I'm now very pleased I did!) and the inventory was taken a week later by the letting agent, though I never had a copy of it, nor did I sign it and what they saw was the property after I'd spent a good day or so cleaning.

My initial lease was for 6 months, though this was never renewed - have all the paperwork saying 6 months, signed by me and the landlord.

Now, the landlord has several mental health problems and it was always very difficult to get hold of him and whenever something didn't get fixed, he'd blame his illness.  Therefore, I moved all the paint tins, carpet remnants, cleaned everything, fixed a cheap bedding box with a bit of gaffa tape, resealed the bath myself when he repeatedly ignored requests to have it done as it was leaking into the kitchen below.  The bathroom radiator was also leaking badly, which never got fixed.

He then had builders in from September last year to when I moved out, in March 2011, who needed access to the house, took out windows, fitted new ones very badly so that there were gaps which you could see right through to the street and left the place in something of a state, with plaster off the walls and dust blowing through all the windows.  I was promised £30 a month compensation for the inconvenience by the landlord.

When I moved out, it took two letters for him to even acknowledge I'd given him notice.  He came round on the day I was moving, inspected the place and pronounced himself satisfied and I would get my deposit back in full.  I had left a few bits of furniture as well as a washing machine which I had no use for and he was happy with this - I had asked the second hand shop, literally across the road, to take them but they were offering a pittance so offered them all to the landlord and he accepted them happily.  I took photos of the place as I left it, clean, tidy and as I would wish to find it.  Certainly a great deal better than how I'd found it!

Several weeks passed with no sign of the returned deposit and to cut a long story a bit shorter, the landlord claimed (on the day that the DPS would have returned the deposit by default as he hadn't responded to their letters either) that I'd left the place in a complete state, with 20 hours cleaning needing doing, rips in the carpet, the bathroom needing resealing, hours of work to this bedding box cos I'd apparently used silicone tape (which isn't tacky anyway!) and it took ages to get off.  He apparently wasn't happy with the furniture left, which took him 6 hours to move (two bookcases and a computer station - he never complained about the nearly new washing machine for some reason!)  He claimed that the fridge was full of mould - which it would have been, as I'd seen him close the door, which I'd left open, and then left the place empty for two months!  He's never heard in 40 years of a fridge going mouldy when you shut the door and leave it switched off.

Again, long story short - he made all these claims directly to me, in writing, and sent sheets of his costs to get the place right (including charging £80 for admin and £4 for laundering a bed protector!) which were outrageous and offered under £100 of the deposit back and moaned that all the stress of what I was doing to him was making him ill.  He kept referring to the inventory and lease as his proof that the place was pristine when I took it and it should have been returned as such.  As I knew I'd left the place in excellent condition, the inventory was done after I'd cleaned it all, unsigned and the lease had expired I refused and requested the DPS arbitration.  He has consistently refused to enter into this and demanded that we go to Court over it.  I've spent ages preparing Court papers, photos etc and I'm claiming the deposit back which the DPS hold as well as the £150 money I was promised as inconvenience money as well as Court fees - all in all, just under £500.

The defence the landlord submitted to the court was simply this inventory and the lease.  No claims of damage, no proof, no photos - nothing.  Not even a letter saying that the tenant had left the place in an unacceptable condition.  There's quite obviously no case to answer and the courts appear to agree and asked me why they shouldn't refer it back to the DPS.  Obviously, the DPS hold the original deposit but wouldn't be able to make him repay the court fees or the extra £150 inconvenience money so I told the Court that yes, I'd originally been more than happy to go to arbitration but that the landlord had refused and referred them to the parts of my evidence where both he said this and the DPS said that he'd refused, but that because of his refusal, I'd now lose my Court fees as well as the £150 if it went back to the DPS.

I've now had a letter back from the Courts saying that 'it is ordered that 1. the claim be stayed pending resolution of the issues by the Dispute Resolution Service of the Tenancy Deposit Protection Scheme 2. the question of the liability for court fees be stayed on the same terms 3. this order is made by the court of its own initiative.  Any part affected by this order may apply pursuant to CPR 3.3(%5) to have it set aside, varied or stayed."

What is my next move?  Has anyone been through anything as infuriating?  I can contact the DPS but I don't know whether he's now agreed to the arbitration or what the DPS can do.  Can the DPS get him to repay the Court fees and the extra £150 when they find in my favour?

Any advice gratefully received!

Jeremy

Hello Alan,

Sorry you've had such a pants landlord.  The rules of a the Small Claims process of the High Court demand any dispute has been through and appropriate arbitration process before the case is heard.  The Dispute Resolution Service is one suitable one for property disputes.

The Landlord's been rather foolish in insisting on taking you directly to court.  In legal-speak what the court is saying to the landlord is:
- Get it sorted by the arbitration Service (including your extra costs which the deposit does not cover);
- The arbitration service can decide what's fair on these costs above the deposit;
- If you can't agree we'll decide.

If the landlord, or their advisors, are trying to take you to court with an un-signed inventory then they are on very dubious ground.

Jeremy

ciaraboo

I agree that the Landlord is on very shaky ground here. One comment I would make is it is a disgrace that the letting agent waited one week to do the inventory. It should be done the day before you move in and then you sign to confirm it is a fair reflection of the condition of the property. If you had done this, there would be no argument.