SMF - Just Installed!

Ex landlord issues

Started by ET12, November 05, 2018, 09:52:15 AM

Previous topic - Next topic

ET12

I am in desperate need of some advice.

My partner and I recently moved out of a property we rented for 18months and our ex-landlord has now decided to be difficult and not return our deposit from the DPS. We requested it be released over 14days ago and he hasn't responded to the request.
2 weeks ago he sent us an email 'entering into a discussion' regarding issues with us leaving the property and money he feels he is owed. We left the property on the last day of our tenancy and had no contact from the LL until 9days after this despite us contacting him several times. We responded to his email the following day, addressing each of the points that he raised and requested that should be wish to make deductions from our deposit, he follow the proper protocol as advised by where the deposit is held.
Yesterday, he again emailed us directly claiming he is 'so disappointed' in us and the way we are acting towards him by requesting that he follow the protocol from the deposit scheme as it is 'only for when an agreement cannot be reached'. I feel that his email actually reads quite threatening as he is now claiming that we should owe more than twice the amount stated in the email from 2 weeks ago.

I feel like I only have two options and have no idea which is the better route to take:
Option 1 - complete the form provided by the DPS as LL did not respond to our requested within the 14day limit and fight it out when he claims the deductions
Or
Option 2 - seek a solicitor and fight this through the courts

There are numerous ways in which my ex LL breached his obligations as a LL but him now claiming we owe more than our deposit is causing us so much stress.

Hippogriff

Just follow the DPS route.

Your ex-Landlord is, indeed, correct that that this is there for when agreement cannot be reached. But, if you cannot reach agreement, then that's what it's there for. So, it seems that you cannot reach agreement, correct?

QED.

It doesn't matter what else your Landlord says about being disappointed in you... I'm disappointed in - literally - loads of people, I don't let it get me down, and I'm sure they don't let it get them down. You saying it's causing you "stress" means you're probably prone to exaggeration or you're a bit of a snowflake. Not an intended offence to you - personally - there's plenty of people like this in the world. Renting and Letting is a business that requires fortitude. Truly. It's not a friendly endeavour... the person on the other side is your adversary in nearly all things... be adversarial in return. If your Landlord wants to pursue some kind of emotional blackmail approach - let them, you just to the process and it will all come out in the wash. You'll either owe something, or you won't... but at least an objective third party will have decided.

Your second option of seeking a Solicitor reinforces my view that you could be an Exaggerator... someone prone to kicking-off, being rash, taking unnecessary action.

"People of ze wurl... relax!"

ET12

Hi Hippogriff
Thanks for the advice.

The comment about a solicitor was not an overreacting, just myself thinking aloud as to what different options I have.

I agree that renting and letting is not a 'friendly endeavour' as you put it. My ex LL agreed to a number of different thing before we moved in and whilst we were in the property but now we have left, has gone back on every one of them. As I mentioned before, his obligations as a LL that he failed to meet despite us requesting it, have now all be overlooked and we are in the wrong.

As he is now saying that the amount he should receive from us is more than the amount held as a deposit, am I right in thinking that the DPS would only be able to award what they hold if he was to win in a dispute, and if he wants any additional money from us he would have to pursue us personally?

Hippogriff

Yup.

Stick with the DPS route.