ex-Landlord claims post TDS adjudication

[Kekule]

Hi All,

please share your guidance on a predicament! following a TDS adjudication ruling, ex LL is claiming legal fees for breaching the AST (twice the amount claimed during the TDS adjudication - a free process that does not require legal counsel) - from all the communication it seems the legal advice was predominantly taken to establish LL's position on the AST agreement, standing with respect to current legislation and legal stance given his failure to serve prescribed information (after July 2013) and re-protect the deposit. At no point has any legal action been necessary whilst holding on to the deposit. The breach of the AST is cited given that I disputed his claims and at no point was a lawyer required pre the TDS adjudication process apart from voluntarily seeking legal advice.

What has followed is a letter demanding payment within 1 week and if not complied with referral to a debt collection agency (citing further accrual of charges) then CC process.

What defines a debt (bulk of which is a claim of LL's legal fees)? In my understanding only a court can award Legal fees and also the OFT also objects to the use of clauses with the word or reference to indemnify and indemnity which is the clause under which the claim is being pursued.

Is this outright bullying? does the process not have to be carried out via a small claims court to be first awarded the legal costs then passed down the relevant channels?

Many thanks in advance

[nemesis45]

Re: ex-Landlord claims post TDS adjudication

Hi welcome to LB,
For clarity, There was a breach of an Assured Short Hold Tenancy agreement? What was this breach?
The LL has refused to return the deposit?
What was the ruling made by the adjudicator?

nem

[Kekule]

Re: ex-Landlord claims post TDS adjudication

Dear Nem,

timeline is as follows:

• LL on a phone call verbally agreed to waive notice period and professional cleaning charges and agreed to move out date proposed alongside articulating the calculation, twice, for the advance rent payment to be made for the partial period till move out date - as the other tenant is staying on. This is in return for being a good tenant and not kicking up a fuss when the bathroom facilities were out of order for 3 week period (major refurbishment but not a necessity) - transcript and recording available.
• I confirm the move out date and make appropriate payment as per LL's guidelines asking for him to let me know if he sees otherwise and I would transfer the balance. LL confirms payment received and no further issues.
• LL claimed damage for redecoration for small water stain as a result of an external leak that I failed to notify (read breach) - even though I saw and reported it on checkout date and scuff marks. I dispute the charge (TDS awards 40% of the amount claimed).
• Given that I failed to cave in to the egregious redecoration claims the LL adds on rent arrears (read breach) and professional cleaning bill (read breach) for period after I have moved out despite verbal surrender of tenancy and LL waiving requirement to professional cleaning - despite the waiver I arranged a cleaner to come in after move out to properly clean the place.
• On top of this Legal costs and inventory checkout fee were added after I pointed out that LL failed to serve PI and tds leaflet during the first AST and for the second AST failed to re-serve PI, re-protect the deposit as it was a new AST and not rolled into periodic. Only half the deposit amount (my share) was protected with the TDS during the first AST.
• Adjudicator has placed no weight on the verbal agreement (recording and transcript available) - which should hold some weight against the written contract and awarded a portion of redecoration and cleaning costs, entire rent arrears claim and inventory check out fee thus exhausting my share of the deposit. Adjudicator makes no reference to legal costs.
• Clearly the rent arrears and cleaning costs would be nullified if the verbal agreement was followed up by written confirmation (with the benefit of hindsight).

Tough but I respect the adjudicators decision even though a large piece of the evidence has been overlooked and on the balance of probability is backed up by the retaliatory claims from the email chain.

[nemesis45]

Re: ex-Landlord claims post TDS adjudication

Hi as I see it the LL gets 40% of the amount claimed and no more, you are right I think
had you got the " agreement" in writing the matter would have been closed.
What action is the LL taking, is he looking to a court claim?

nem

[Kekule]

Re: ex-Landlord claims post TDS adjudication

It is the Legal fees that he is looking to claim in the following order: a letter demanding payment within 1 week and if not complied with a referral to a debt collection agency (citing further accrual of charges) and if not then the county court process. Do debt collectors not require a court ruling to enforce any action?

[nemesis45]

Re: ex-Landlord claims post TDS adjudication

Hi,
Debt " collectors " man it the dirty mac and debt collection agencies cannot enforce anything especially when they are
acting on someone's behalf the creditor must take any action personally.
Doorstep debt collectors can be sent packing you do not have to even speak to them.
For the creditor to get a judgment there must be a claim which you fail to win, if one fails to pay as ordered by a court a claimant may apply for a warrant and pass it to bailiffs to enforce.

Something strikes me immediately here if this LL is so sure of his ground one must think along the lines as to why he would consider
using a debt collection agency (cost involved which he may not be able to recover) when he can go straight to litigation.

I think he's pushing his luck!!

nem