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muz379
08-12-2011, 17:45 PM
I had to use the adr scheme under my deposits in order to dispute my landlords proposed deductions from the deposit . the scheme ruled that of the £1700 the tenant was to be returned £1650 . The landlord is obviously quite upset at only being awarded £50 in light of the fact that he has paid cleaning invoices and replaced items to the value of nearly £500

My question is this , He has said in passing comment to one of our housemates that he is going to appeal the adr decision and if that isn't successful then sue us all for the deposit .

Common sense prevails to me that subject to the agreement he signed up to with my deposits when consenting to ADR he can only appeal on a point of law ?

He claims he is going to appeal on the following basis
When I started the dispute I was only aware of the fact that he wanted to deduct some money for a new mattress and cleaning a bed base so in my details about the dispute I only included these items . in the lead up to me opening the dispute he made no mention of any of the cleaning bills or other items he had to change and so I didn't include them in my part of the dispute .surely however he should have included them in his evidence for how much he wanted to deduct . in addition to this the ADR report makes specific reference to the cleaning charges and the arbitrator says that the evidence to show the condition of the property at check in was not satisfactory (usual photographs not clear and dates not verified with tenant signature )
is it not the case that his failure to prepare and present his evidence correctly is not something that he can base an appeal on ?

mariner
09-12-2011, 00:53 AM
Sounds like LL defended your claim re bed and perhaps did not counterclaim for his losses overall or arbitrator just decided your claim.
ADR T&Cs require both sides to accept arbitrator's decision as 'final' so no real point in appealing to ADR. However, LL is quite entitled to sue you in County Court (SCC route) for his perceived debt. Burden of proof still on LL and fact he lost at ADR may be detrimental to him, but the outcome could be different.
Your case illustrates why many LLs think the ADR process is biased in favour of the T, hence many refuse to go to ADR, as is their right.
AFAIK photos are not essential but advisable to support any claim. Also inventory/inspection report & T signature, IMO T should be given a copy to check and amend if reqd and move in copies signed by T and person conducting inspection on behalf of LL & dated. Move out inspections can occur when T has disappeared. How many Ts would inspect every inch of property before signing move in Inv, even if allowed 7 days to complete? Most Inv disputes arise from what is 'fair wear & tear' on internal decoration/carpets and poss 'betterment' allegations due to diff LL/T standards. (no reflection on OPs case, just general opinion)
Why did ADR award LL £50 from deposit?

muz379
09-12-2011, 13:32 PM
The £50 was what the arbitrator considered fair compensation for the mattress
I said that the damage to the mattress that had occurred was not my fault was due to one of the landlords employees folding it . nether less arbitrator decided in that way I accept that

The thing is i am of the view that the landlord counterclaimed effectively , the arbitration report makes mention of things like the cleaning charges and other damges so I dont see how he could argue that this has not been afforded the right to have these matters arbitrated upon

Surely if the arbitrator has in fact made decision on these matters and he attempts to sue we merely have to prevent the court with the arbitration report and no other evidence ?

oaktree
09-12-2011, 14:05 PM
Surely if the arbitrator has in fact made decision on these matters and he attempts to sue we merely have to present the court with the arbitration report and no other evidence ?

If it went to Court I would expect the judge to take the arbitration report as a key piece of evidence and weight it in your favour - but I wouldn't go empty handed, take whatever other evidence you have.

muz379
10-12-2011, 21:01 PM
surely if we bring evidence that's just hearing the whole dispute again(as my evidence wouldn't change and surely if he was allowed to bring any evidence he didn't submit at ADR i could reasonably ask why he didn't submit it for ADR but has now brought it up in court )
Surely if he is allowed to appeal the decision in court this is not in line with the point of ADR which is to have the dispute resolved out of court . It seems to me the landlord is just not satisfied with the ADR decision and is throwing his toys out of the pram .

mind the gap
10-12-2011, 21:07 PM
Surely if he is allowed to appeal the decision in court this is not in line with the point of ADR which is to have the dispute resolved out of court . It seems to me the landlord is just not satisfied with the ADR decision and is throwing his toys out of the pram .

ADR aims to keep most LL/T disputes out of the courts, but there will be ocasions when either the LL or the T does not accept the outcome. ADR scheme adjudicators are not infallible and they have a reputation for finding in favour of Ts more often than LL. Either party has the right to sue the other in court, ultimately. You have to be pretty confident of winning to bring such a claim, however, as the cost otherwise can be significant.

mariner
11-12-2011, 00:31 AM
muz you believe you have a stronger case than LL. What if ADR decision had been reversed and you only got back £50 out of £1750 claimed? I think your toys would be on the pavement.
Everyone has the right to be heared in a Court of Law, which ADR is not.

Consider a fixed penalty notice for doing 40 in a 30 by Pc with hand-held radar in dark bad weather.
Fixed penalty £60 + 3 pts on licence. PC only has to consider speed reading, but other factors,apply which could get FPN overturned. Do you, as driver, accept the fixed penalty without question or avail yourself of your right to a Court hearing, when the financial penalty,at least, will be higher if you lose. You may be on 9 pts and facing a totting ban or just wish to maintain a clean licence. You choose.
Double jeapordy was abolished by last Govt.