J
Jayqi
Guest
I recently got dragged into a 3-week email wrangle over a claim on a deposit of mine that the other side was holding. Eventually I succeeded in forcing the issue but this was because I spotted an anomaly that suggested malpractice and they capitulated. But when does obdurate, unwarranted, unscrupulous negotiating become actionable?
It concerned an apartment that I had rented for 18 months and vacated in excellent condition. Yet the Landlord through the rental agency's Property Negotiator lay siege to my deposit to the tune of £750. Until they capitulated they fought tooth and nail on claims that just did not stand up. When I presented evidence that their claims were unfounded, they never addressed the evidence but invariably what would occur is they would offer me a compromise in the form of a reduced offer. It was devious, manipulative and almost surreal as I have never encountered professional people flouting the contractual duty that usually prevails in such circumstances to be fair and reasonable. At one stage in the proceedings I characterised their reasoning as Humpty-Dumpty semantics.
Nonetheless, their antics wasted an inordinate amount of my time and I especially resented the fact that one of their lawyers, while asserting his right to charge his client to write emails on her behalf, was very cocky in asserting that it was not possible in law for me to claim comensation for way I had to write emails to his client to stop her plundering my deposit. Both she and the rental agency knew I was a professional writer and the apartment was used by me as my office.
The matter did not reach the Deposit Protection Service but this organisation has a reputation for mediating compromises that are unfavourable to the tenant.
I would appreciate anyone's comments who is acquainted with the legal issues this raises.
Thank you, Jay
It concerned an apartment that I had rented for 18 months and vacated in excellent condition. Yet the Landlord through the rental agency's Property Negotiator lay siege to my deposit to the tune of £750. Until they capitulated they fought tooth and nail on claims that just did not stand up. When I presented evidence that their claims were unfounded, they never addressed the evidence but invariably what would occur is they would offer me a compromise in the form of a reduced offer. It was devious, manipulative and almost surreal as I have never encountered professional people flouting the contractual duty that usually prevails in such circumstances to be fair and reasonable. At one stage in the proceedings I characterised their reasoning as Humpty-Dumpty semantics.
Nonetheless, their antics wasted an inordinate amount of my time and I especially resented the fact that one of their lawyers, while asserting his right to charge his client to write emails on her behalf, was very cocky in asserting that it was not possible in law for me to claim comensation for way I had to write emails to his client to stop her plundering my deposit. Both she and the rental agency knew I was a professional writer and the apartment was used by me as my office.
The matter did not reach the Deposit Protection Service but this organisation has a reputation for mediating compromises that are unfavourable to the tenant.
I would appreciate anyone's comments who is acquainted with the legal issues this raises.
Thank you, Jay