DPS Scheme

Ace Modder · 22 Nov 2015 at 22:07

Hi guys,

I have a feeling that when I move out my landlord may try to cause problems with my deposit, because he is being awkward at the moment. (expecting to move in the next 4-6 weeks but he doesn't know this yet)

Anyway if we disagree on the deposit refund how does a decision get made by the DPS holding company?

garak112 · 22 Nov 2015 at 22:10

You write a statement and supply evidence so document everything and include date stamps on photos.

In your statement point out contradictions and landlord issues, don't rely on the DPS adjudicator to infer that from what you provide. Make a clear list of why you disagree with the deductions proposed.

One either both sides have submitted statements and evidence or the 2 week time period has elapsed it will go to the adjudicator for a decision. Our decision took 3 weeks to come back and our landlord hadn't bothered to respond.

McBain · 22 Nov 2015 at 22:16

What happens is, the landlord will raise a dispute, you will dispute it and the spineless DPS holding company will side with them.

Ace Modder · 22 Nov 2015 at 22:24

So photo evidence is the best thing I can use then, that is fine. I will do so.

Essentially the landlord is being a bit of a pain in the ass.

Last January he had to do some work on the property because the waste pipe from the toilet had blocked (he has admitted that it may not have been our fault and could have been previous tenants - we had not been in the property long) anyway the plumbing company removed the blockage and they replaced the pipe from the waste outlet to the sewer point. The reason they did this was because the pipe coming out of the house from the toilet (upstairs bathroom) was cracked. One month ago landlord has now decided that the pumbing company told him it wasnt due to "wear and tear" so he thinks I caused the damage. The pipe in question is coming out of a second floor bathroom which is actually above the conservatory. Not sure how I did this.

Here is a copy of the invoice.

He is claiming I must pay for the £320 "soil stack" which I assume is the pipe replacement. I'm not willing to do this, as I dont see how I could have caused the damage to this pipe.

I have found a photo of the pipe that was damaged, this is above the conservatory as you can see (photo taken from out the bathroom window) how could I have caused this?

Werewolf · 22 Nov 2015 at 22:29

Ok, if the pipe was cracked that would require replacement and AFAIK would be very very unlikely to be down to anything you did as normal use, far more likely down to age or tree roots/work done in the garden.

So at worst I'd say he might be able to go for clearing the block, but again, if the soil pipe was cracked that can affect how easily it clears (if anything got in from outside), infact if the pipe was cracked that would likely result in a block as garden soil etc could get in..

I would argue like hell about the soil pipe, especially if you'd only been in for a short time.

Caged · 22 Nov 2015 at 22:32

Landlords aren't meant to profit from any work that they invoice you for. So getting a new un-cracked soil stack to replace one that the landlord knew was cracked (since it seems like it's been filled up with sealant as a bodge fix) is unlikely to wash.

Just tell him to do one. I really can't see any DPS deciding that a damaged soil pipe that you can't even get to is a problem that you created.

Ace Modder · 22 Nov 2015 at 22:33

The thing is this work was carried out last January and only a few weeks ago he decided he wanted to pass the charge onto me - doesnt make any sense.

At least I'm moving out in a few weeks but he doesn't even know this yet. I haven't given my notice yet as I'm still awaiting the date for my mortgage exchange/completion.

Shoza · 22 Nov 2015 at 22:39

Ace Modder said:
The thing is this work was carried out last January and only a few weeks ago he decided he wanted to pass the charge onto me - doesnt make any sense.

For that reason he doesn't stand a chance - fight everything he tries to claim. It's very common for landlords to just put stuff in because tenants don't know or don't want the hassle.

Our last rental before we bought the landlord wanted £450 for a new carpet because of a 1/2 inch tea stain in one corner. We agreed it was our fault and DPS allowed £25 for an hours worth of a cleaner scrubbing the carpet. He wasn't very happy at all, but the carpet came up fine from a quick scrub (annoyed I didn't notice it at the time otherwise I would have done it myself).

Ace Modder · 22 Nov 2015 at 22:55

his email to me

Hi Lee,

Hope you are well. Please find attached the invoice from the plumbers for the job end of last year. I am afraid I have to request you to pay for the £320 towards replacing the soil stack. I am prepared to waive the remaining amount as I can give you the benefit of doubt with regards to the soil blockage but I am afraid as for the soil stack damage is concerned, I have seen that this was not wear and tear damage and the plumbers have confirmed this.
I would be grateful if you would kindly pay the £320 along with your next rental payment.
Regards
Sandeep

My reply I've wrote (not sent yet). Does my reply seem ok?

Hi Sandeep.

I hope you are well. I didn’t take your call last week because I was with a client in a meeting.

I have looked at the attached invoice and I really do not agree that the damaged soil pipe was my fault as I fail to understand how this could be my fault. I have a photograph of the damaged pipe (see attached). This pipe is coming out of the upstairs toilet and you can clearly see that the cracked area is not at ground level, as you can see that the conservatory is underneath where the pipe is cracked. I fail to understand how you have concluded that it must have been caused by myself? It’s a pipe on the first floor! Let me explain what I think has happened, this pipe may have been cracked (much smaller crack) for quite some time, maybe even before I moved into your property. I think that the cold weather of December may have caused a much smaller crack/imperfection to have expanded due to the moisture inside any crack freezing and expanding causing the crack to get bigger and thus become a problem.

Also I really do not understand why you are asking for the money for this 9 months after the issue was repaired, surely if you thought or knew that this was caused by myself you would not have waited 9 months to request this money? Can you explain why you left it 9 months? I feel you are only asking for this money now as you had a second repair to do the property which was unrelated and cost you a sum of money, so you are trying to get back some of your costs.

Regards
Lee

Caged · 22 Nov 2015 at 22:58

Don't try and explain how you think the pipe got broken, and don't play the photograph card yet. Just politely inform the landlord that you won't be paying for the pipe because you didn't damage it.

Ace Modder · 22 Nov 2015 at 23:00

OK, fair point. I will remove those points.

Caged · 22 Nov 2015 at 23:04

Try

Sandeep,
I do not accept that the damage to the soil pipe was caused by myself. As it is not an item with a condition listed on the inventory, is external to the property, and is inaccessible due to the location on the first floor above the conservatory I do not believe it is my responsibility to maintain beyond alerting you to potential problems. I can therefore confirm that my rental payment next month will be £xxxx, as per my contract.
Regards,
Lee

Deleted member 66701 · 22 Nov 2015 at 23:04

I think "I won't be paying as I didn't damage it" is all that's needed TBH.

Ace Modder · 22 Nov 2015 at 23:07

Caged said:
Try

I will keep that for his reply to me.

I have already sent the following now:

Hi Sandeep.

I hope you are well. I didn’t take your call last week because I was with a client in a meeting.

I have read the attached invoice and I really do not agree that the damaged soil pipe was my fault as I fail to understand how this could be possible. This damaged part of the soil pipe was coming out of the upstairs bathroom and was over the conservatory. It’s a pipe outside of the first floor with a glass conservatory underneath it, myself or another member of my family could not have caused this damage.

Also I really do not understand why you are asking for the money for this 9 months after the issue was repaired, surely if you thought or knew that this was caused by myself you would not have waited 9 months to request this money? Can you explain why you left it 9 months?

Kind Regards
Lee

Arsonist · 22 Nov 2015 at 23:39

Landlords can be money grabbing scum sometimes. Thankfully I've been incredibly lucky and have consistently had good ones (and I've rented 7 different properties in 7 years).

Ace Modder · 22 Nov 2015 at 23:51

You must be a gypsy, 7 in 7 years haha

Skeeter · 22 Nov 2015 at 23:53

Remain 100% factual and write as minimal as possible (if anything). Don't try and explain anything, or get in a conversation about it.

The landlord has zero right to just ask you to give him money. Your contract agrees you will pay him rent and nothing more unless deemed damage caused by you that he can prove, and even then he has to claim for it from the DPS.

If I were you I'd have simply ignored the email. As you have already replied just keep any further records breif and in writing.

Mynight · 22 Nov 2015 at 23:57

That must have been one amazing curry to cause that damage :eek:

.

I don't see any way you could have caused that. Well if you did have you considered playing basketball?

Pretty sure there's no way he can invoice you so far from the date it was fixed.

Caged · 23 Nov 2015 at 00:12

Do you have a bigger version of that image? It really does look like someone's filled the crack up with sealant e.g. they knew about the problem.

Ace Modder · 23 Nov 2015 at 07:59

This is the only.picture I have

He has emailed me back asking me when is a suitable time for him to call me to discuss this issue.

I'd rather not talk verbally over this so that I have an audit trail now. Just got to come up with a diplomatic way if advising him this.

DPS Scheme

Deleted member 66701

Deleted member 66701