Rented property - bond in dispute advice please!

clutton_2

""as they have shown an overwelming bias towards the landlady all the way through our tenancy. "2

LA are employed by LLs to manage a property - you can hardly expect them to take the tenants side - BUT they do have to abide by the law (irrespective of the LLs instructions) which includes a fair interpretation of wear and tear.

Tenants pay the LA to find a property


This LL/La are in the wrong as they have not produced estimates or receipts for the repairs

dazmillar

Thanks for your post. I see your point about the LA and the LL in terms of bias. They have also failed to give us anything in writing regarding costs and specific 'damage' there has been no communication since the check-out to be honest definitley no negotiation. I'm sure they are not following correct procedure. I also think that they are distorting the facts in order to get their result.

The trouble is as most communication has been conducted over the phone we have no proof of anything. Which I'm sure is the intent. We did ask at the time if these claims would be sent to us in writing and were given a flat out 'no'

Telling the TDS that they negotiated when they didn't is an out and out lie. However we can't prove that as they stated that negotiations were over the phone (which they weren't) surely if it does come to light that they did lie about that then the whole dispute should be thrown out?

Also at the time of the inspection my wife overheard the LLs representative (boyfriend) and the LA Inspector having a conversation, she asked if there were any concerns he wanted raising, he replied 'no it just looks like general wear and tear' of course we can't prove this!

clutton_2

the onus of proof in deposit-deductoin disputes is on the landlord to prove that

a) damage was done
b) he sought 3 estimates for repair and
c) chose the cheapest and had the work done

without a paper trail all you can do is to write your side of things in as much factual detail as possible - but dont write reams and reams about how the tenancy was, this arbitration is about the repairs/deductions only.

are there any photographs ?

dazmillar

Having looked properly at the TDS Response letter, apparently there are photographs, none were taken at the time of the inspection, these were evidently taken a few days after.

With regards to quotes, there appears to have been no attempt to gain quotes with the LA merely stating on the letter, "there are no receipts as the landlady cannot afford the work to be done" which in my mind is laughable.

And no attempts to resolve the dispute even though it states on the letter when asked how they have attempted to resolve "by phoning both parties" well from our side there were no attempts made to resolve, merely accusations made.

I am now really concerned that with the property having been re-let, this money is going to be used to fix the 'health and safety' issues that according to the LA she has to have done before the new tennants can move in and also a new carpet in the downstairs toilet as about a month before we moved out there was a blockage in one of the drains and without going into too much detail, the carpet in there was ruined (we did inform the relivant parties immediatley although it proved difficult with it being a Sunday, the LA was closed and we had no phone number for the LL)

Is the LL obliged to provide receipts after the work is done assuming a judgement is made where some money goes to her?

clutton_2

if a LL is claiming financial loss (for loss of rent or damage repairs) - then she has to prove that loss - if she is not getting the work done and therefore has no receipts for work done - what loss has she suffered ?

dazmillar

Presumably she's asking for the money in advance of any work being done? I don't know what's allowed and what isn't. I presume she can do that?

Fire_Fox

You can't prove negotiations didn't take place over the phone (it's impossible to prove a negative anyway) but, equally, the letting agent cannot prove negotiations did take place since they did not! Stop panicking and put a succinct letter together stating your position.

The landlady can't claim for repairs or replacement of anything if she isn't willing to provide either a professional estimate of the work required or receipts for it already having been completed. She also can't claim unless she can demonstrate the condition of the doors before and after, which means written or photographic evidence. Were you at the checkout? Have you still not received a list of what is disputed?

dazmillar

I would stop panicking but it's a lot of money to lose. I am calming down honest!

dazmillar

My Wife was at the checkout, and at the time she did disagree with the check out report. Unfortuatley the LA Inspector told her that if she didn't sign the checkout and hand over the keys we would be charged more rent, it of course states on the TDS Letter that "tenant disputes even though they signed the checkout report" which is a bloomin' cheek! From looking at the TDS case studies, it seems that with the lack of receipts or quotes, the ICE then decides what amount is reasonable, then again if no work has been done as you say how can they actually do that?

No we haven't had anything specific in writing from the LA regarding what is disputed, however it is listed in the TDS Response letter so I suppose that's covered.

Fire_Fox

She didn't write anything on the checkout report except her signature? Oh dear.