PeteMorris Posted May 15, 2012 Share Posted May 15, 2012 My ex landlord is claiming my entire deposit for 'alleged' damage to his property. It's sheer fantasy, as I know what he says is completely false. He made a claim to the DPS for the entire deposit and I counterclaimed the same. So we reached an impass. I know arbitration is an option, but I also know he can be devious...I won't say more than that...use your imagination. I havn't seen the money for over 2 years, so as far as I'm concerned it's dead money anyway. But on principle I don't want him to have his grubby hands on it either. The question is, if neither of us agree, will it just sit there forever if I refuse arbitration too? Link to comment Share on other sites More sharing options...
Jaywalker51 Posted May 15, 2012 Share Posted May 15, 2012 Why would you refuse to take part in dispute resolution? This is a paper-based hearing i.e. if your landlord can't provide written/visual proof of the disrepair by way of signed inventory, photographs etc. he is unlikely to win. Ultimately if no agreement is reached you should make a claim in the small claims court and the DPS will abide by that decision. Link to comment Share on other sites More sharing options...
Jeffrey Shaw Posted May 15, 2012 Share Posted May 15, 2012 Why would you refuse to take part in dispute resolution? This is a paper-based hearing i.e. if your landlord can't provide written/visual proof of the disrepair by way of signed inventory, photographs etc. he is unlikely to win. Ultimately if no agreement is reached you should make a claim in the small claims court and the DPS will abide by that decision. I agree. Any Civil Court or Tribunal will only ever reach a decision forcibly that the parties could have reached voluntarily. Link to comment Share on other sites More sharing options...
PeteMorris Posted May 15, 2012 Author Share Posted May 15, 2012 Basically, cos it costs to send someone to small claims court, and is a bit of a rigmarole. I'm pretty certain he will produce evidence that is ... errrr ... shall we say...fabricated. He's determined that I won't see a penny of the deposit. I'm just as determined. So as far as I'm concerned it can just fester with the DPS. I just want to be certain that he can't get his hands on it without my agreement. Link to comment Share on other sites More sharing options...
Jaywalker51 Posted May 15, 2012 Share Posted May 15, 2012 Basically, cos it costs to send someone to small claims court, and is a bit of a rigmarole. I'm pretty certain he will produce evidence that is ... errrr ... shall we say...fabricated. He's determined that I won't see a penny of the deposit. I'm just as determined. So as far as I'm concerned it can just fester with the DPS. I just want to be certain that he can't get his hands on it without my agreement. Isn't that just the same as losing it? You can make an online claim through Money Claim Online so you don't even have to get out of your chair. The cost is slightly lower than claiming through your local county court and I'm sure it is much less than the deposit. Link to comment Share on other sites More sharing options...
Kat88 Posted May 15, 2012 Share Posted May 15, 2012 Why aren't you disputing it through the TPS? When we went through this process they take into account all the evidence:any photos, emails etc and fabricated evidence wouldn't even be considered. Your likely to lose some of your deposit but ultimately they make the final descision based on the evidence it's free to use because of the tenancy deposit scheme so you might as well try it. We did and got our money back. In future as well we always photograph a property when we move in so if there are any issues you have evidence. Hope this helps! Link to comment Share on other sites More sharing options...
davi Posted May 15, 2012 Share Posted May 15, 2012 My ex landlord is claiming my entire deposit for 'alleged' damage to his property. It's sheer fantasy, as I know what he says is completely false. He made a claim to the DPS for the entire deposit and I counterclaimed the same. So we reached an impass. I know arbitration is an option, but I also know he can be devious...I won't say more than that...use your imagination. I havn't seen the money for over 2 years, so as far as I'm concerned it's dead money anyway. But on principle I don't want him to have his grubby hands on it either. The question is, if neither of us agree, will it just sit there forever if I refuse arbitration too? Firstly you need to use the arbitration. If you have witnesses, friends who have seen the condition etc, use them. You can forget the small claims court as you will need to prove your case, which like the arbitration means facing upto it and doing what has to be done. A lot of emotion flying all over the place won`t sort it for you. Link to comment Share on other sites More sharing options...
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