Updating post from Reddit.
All rent was paid in full on time.
I won a deposit dispute for end of let against UNCLE (national landlord company)
3 months later they are chasing my "arrears" as they already spent the money and are trying to hold me liable when I won the dispute through the DPS. They are asking for the full deposit award to be repaid to them instead (I was paid this money a month ago)
Surely this cannot be legal? What are my options?
Tell them there has been a binding adjudication award in your favour and that is the end of the matter. There would be no point in having tenancy deposit protection if landlords could just keep your deposit despite losing at adjudication.
Tell them that you will vigorously defend any legal proceedings on the basis that the matter has already been determined and any litigation would be a gross abuse of process, and you will ask for the costs of that defence to be awarded on an indemnity basis.
You do not owe them a penny unless a court says so. You won through the DPS, that award is final unless they issue a separate claim and win. Them saying they spent the money is not a legal reason to claw it back.
Reply in writing only. Say, I do not accept liability. The tenancy deposit dispute was determined by the DPS and I was paid accordingly. If you believe you have a separate claim, follow the Pre Action Protocol for Debt Claims and set out your case with evidence. I will not discuss this by phone.
If they keep chasing, log it and complain. If it is a letting agent, use their redress scheme. You can also notify the DPS and Trading Standards. Do not repay anything unless you get a formal letter of claim, and only respond with a short protocol compliant reply. A CCJ can only happen if they sue and win, and you then fail to pay the judgment.
Why recommend to them that starting a separate claim?
Exactly… you don’t need to be telling them what there options are… just deny liability and indicate that their behaviour is vexatious and must cease.
There’s some stupid Reddit lawyers here lol
Because that is literally the only legal route open to them. The DPS decision is final and binding, so the landlord cannot just demand the money back. If they truly think they have a case outside the deposit scheme, their only option is to start a separate small claim. That doesn’t mean they will win, it just means that’s the only way they could even try. Telling OP that makes it clear they don’t have to pay a penny unless a judge orders it.
It is but why tell them? They can spend money on a lawyer to tell them that
excatly, just do not reply as OP has no obligation to.
DPS decided, paid out the deposit to the rightful person based on their independent adjudication process of which both UNCLE and OP agreed to abide by the decision.
End of story, case closed.
If you are going to provide advice to the other side, make sure it's not too their benefit. If they want legal advice they need to pay for their own advice
Why don't you print the court forms off for them while you're at it 🤦🏻♂️
I thought that the whole point of using the deposit schemes was that if both parties agree to using their arbitration to settle a deposit dispute, then it’s binding, and the landlord has forfeited any right to take the matter to the courts?
Ie, the landlord has zero options now other than to accept the status quo.
Yea you’re correct. Once both sides agree to use the DPS adjudication, it’s binding and final. The landlord has no legal route to reopen the same deposit dispute in court. My earlier wording was just to explain that outside of the DPS the only way anyone could ever try to get money is via a court claim, but in this case they’ve already locked themselves into the DPS outcome.
You have another pair of claims here. One is for harassment if they refuse to stop, the other for fraud as they are trying to gain money they know they are not due by false pretenses.
yes, send them these claims and see their response.
They’re trying to pressure you into sending them the money… Absolute dirtbags.
You were awarded the full money by DPS, they have absolutely no claim to it.
Make a formal complaint via your agent and report to the council - and potentially even the police for fraud and/or breach of the Tenant Fees Act 2019 / Housing Act 2004
Tell them to take a hike. Worst they can do is issue (and pay for) court proceedings. Keep a copy of the DPS decision as evidence. Arbitration should be binding so case will almost certainly be dismissed if they even bother
>Tell them to take a hike.
I wouldn't suggest that, if the landlord slips and falls during the hike, the OP having suggested it might cause him trouble. But, yeah, the OP does not have to respond at all, that's what the DPS was for.
I would respond by referring them to the response given in pressdram vs arkell and get on and enjoy your life.
Oooh, do you have that to hand? If not I'll go look it up.
National landlords company and this is big business getting into it now. I hate these companies and all the greed they have!
Tell them to beat and chase themselves
If it were me, I would send them a brief letter telling them firmly that all rent has been paid in full, that you consider all matters pertaining to your tenancy to be resolved in full and that any further communications from them will be construed as harassment and actioned accordingly.
Oh my, uncle are so bad we loved in their building for a year and hated dealing with them. They also tried to scam us out of £300 from the deposit.
Tell them, politely, to get stuffed.
They can take you to court, if they're foolish enough to do so (hint: this will not go well for them).
"3 months later they are chasing my "arrears" as they already spent the money and are trying to hold me liable when I won the dispute through the DPS. "
You need to be more specific about what they're actually doing.
By 'chasing' do you mean:
a) They're sending you threatening-sounding letters with legalistic language in an attempt to bully and intimidate you into paying them the money they think you owe them?
b) Have they actually filed a claim against you in small claims court.
If the answer is option a) (which I'm 99% sure it is), then you don't need to do anything. They're trying to scare you into paying them with vague threats of legal action that will never actually come to pass. Send them a firmly worded email stating that the matter has already been resolved by the DPS and that you owe them nothing. If they choose to continue down this path, and send multiple threatening emails to you, then this could be construed as harassment and potentially fraud by false representation and I would recommend contacting Citizens Advice Bureau for free legal advice on how to deal with it, and also filing a non-emergency police report for harassment and fraud.
On the tiny chance that the answer is b), contact Citizens Advice Bureau first, and consider contacting local solicitors. Although you shouldn't really need a solicitor because their cause would be laughed out of court. You're still in the right so don't let them stress you out (especially given that moving home is an incredibly stressful time for anyone at the best of times) or pressure you into giving them what they want - that's the outcome they're hoping for.
If you already won the deposit dispute, and the deposit protection scheme released the money back to you, then the issue has already been settled.
Should go without saying, but make sure you keep copies and backups of al relevant documents and communications so that you have a paper trail of evidence.