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TDS have awarded LL some money - WHY?
factor29
Posts: 206 Forumite
As some may have seen from one of my previous posts, we had a dispute with the deposit, over a property we moved out of in December 2009.
We have just today received the decision from the TDS, and the LL has being awarded £75 in cleaning costs.
As mentioned in previous post, there was no inventory, and the carpets we classed as fair wear and tear, as they just had marks in where people had walked (not mucky marks).
My problem with this is, that the award says that the LL "claimed that £175 for cleaning and £137.50 for damage to a gate" (gate was made up!)
They thought the cleaning bill was excessive, but the decision would have being different. And they said no mention was made of the gate in any check in reports completed. If the gate had being mentioned in the check in report, we would have being liable for some or all of this claimed cost as well.
We had major problems with the LA when we told them we were moving out, they were completely on the LL side - which they would be as the property was back on the market with them. They refused to co-operate and "advised" us that it would be quicker and easier, and maybe cheaper for us in the long run to accept a 50% split on the deposit.
So basically the TDS would quite happily believe anything on a check in/out report which we never saw, never signed, never had a copy of. What was to stop the LA changing these reports when the time came to dispute.
They could have wrote a thousand and one things wrong with the place afterwards, and we would be none the wiser, and would have no chance to back this up.
What can we do now? I see the TDS decision is final and binding, but i dont agree with the way they have come to the decision.
Also, would anyone advise writing to the LA to complain about the way we were treat?
And also warn the new tenants who have moved in what the LA/LL is like? and to make sure they get an inventory!!!!
We have just today received the decision from the TDS, and the LL has being awarded £75 in cleaning costs.
As mentioned in previous post, there was no inventory, and the carpets we classed as fair wear and tear, as they just had marks in where people had walked (not mucky marks).
My problem with this is, that the award says that the LL "claimed that £175 for cleaning and £137.50 for damage to a gate" (gate was made up!)
They thought the cleaning bill was excessive, but the decision would have being different. And they said no mention was made of the gate in any check in reports completed. If the gate had being mentioned in the check in report, we would have being liable for some or all of this claimed cost as well.
We had major problems with the LA when we told them we were moving out, they were completely on the LL side - which they would be as the property was back on the market with them. They refused to co-operate and "advised" us that it would be quicker and easier, and maybe cheaper for us in the long run to accept a 50% split on the deposit.
So basically the TDS would quite happily believe anything on a check in/out report which we never saw, never signed, never had a copy of. What was to stop the LA changing these reports when the time came to dispute.
They could have wrote a thousand and one things wrong with the place afterwards, and we would be none the wiser, and would have no chance to back this up.
What can we do now? I see the TDS decision is final and binding, but i dont agree with the way they have come to the decision.
Also, would anyone advise writing to the LA to complain about the way we were treat?
And also warn the new tenants who have moved in what the LA/LL is like? and to make sure they get an inventory!!!!
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Comments
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Sorry to hear this, the consensus on this, and other landlord/tenant forums, is that an inventory is key evidence to support deductions.
Does the LA belong to a professional body like ARLA? Its an unregulated profession and many don't bother.
Also, remember that the Letting Agent is actually engaged by the landlord who he represents, hence the bias - they have a business relationship while your contractual relationship is with the landlord, (despite the fact the LA operate as intermediaries).
By the way, what 'marks' were on the carpet if they weren't marks...Fair wear and tear is about deterioration through the passage of time, so would probably cover thinning of carpets around doorways and fading due to sunlight but not any marks, stains, burns, tears and so on.0 -
There are other ways for LL's to prove deposit deductions (eg receipt for a new carpet dated just before the start of a tenancy etc). Of course, in a real court system (not the kangaroo dispute resolution proceedures of all the tenancy protection schemes) you would know what evidence the LL submitted.
However, you agreed to submit to the kangaroo arbitration so you can't really complain that you don't like the outcome.
You can still start a small claims court case for the money if you wish.0 -
The trick is to let the LA file the complaint - this way you get to respond to their claims and can direct your evidence and effort accordingly. If you file the complaint then you have no idea how they respond.
Our LA also tried to spin us a story about how it would take 6 months, be no end of hassle etc....0 -
As some may have seen from one of my previous posts, we had a dispute with the deposit, over a property we moved out of in December 2009.
We have just today received the decision from the TDS, and the LL has being awarded £75 in cleaning costs.
As mentioned in previous post, there was no inventory, and the carpets we classed as fair wear and tear, as they just had marks in where people had walked (not mucky marks).
What can we do now? I see the TDS decision is final and binding, but i dont agree with the way they have come to the decision.
Marks on a carpet are NOT wear and tear, did you admit the marks? If so that is why you have been charged.Declutterbug-in-progress.⭐️⭐️⭐️ ⭐️⭐️0 -
Out of a total of £312.50, he's getting £75 ?
Less than a quarter. The truth is usually somewhere in the middle of two stories, and for all the TDS know both parties could be being economical with the truth.
I would view being under a quarter, as being very much in your favour, morally.
Move on.0 -
Learning experience - as Cannon Fodder says, let it go.
The LA works *for the LL*, not for the T ( which is why it is wrong that the LAs like to slap Ts for "fees" for various parts of their service, whilst also charging the LL for the same thing.)
For any future tenancy,when moving in and out take your own photos, do your own meter readings (with photos) and compile your own inventory: in essence, keep your own written records during a tenancy.0 -
Thanks for the replies, think weve being lucky then really and will learn for next time! Going to ask for copies of inspection reports etc - weve done a thorough inventory this time round!By the way, what 'marks' were on the carpet if they weren't marks...Fair wear and tear is about deterioration through the passage of time, so would probably cover thinning of carpets around doorways and fading due to sunlight but not any marks, stains, burns, tears and so on.
The marks were just where the carpet had being squashed where you walk, wasnt dirty, wasnt marked in such sense, was just obvious once we had removed the settee. There were some marks when we moved in which we told TDSThe trick is to let the LA file the complaint - this way you get to respond to their claims and can direct your evidence and effort accordingly. If you file the complaint then you have no idea how they respond.
Our LA also tried to spin us a story about how it would take 6 months, be no end of hassle etc....
will remember that one for next time!Marks on a carpet are NOT wear and tear, did you admit the marks? If so that is why you have been charged.
see above.0
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