Tenant Deposit Claim

Alias_Omega

Deposit is with TDS.

Inventory and AST have been checked. Appears the tenant may be in breach of both if vacated property in current condition.

Is it easy to claim from the system?
Do you need to have the work done to claim the deposit, or just estimates?

Lots of love,

AO

BitterAndTwisted

Quotes and estimates if you're absolutely certain that all of the work is provable and justified. Get dated photos taken if they haven't been done already. Fairly straightforward to claim. Tenant could dispute any deductions and then the scheme will ask for documentary evidence of claim plus estimates/quotes.

Alias_Omega

Is it a pay & claim back scheme, or more of a provide estimates then you get the cash from the deposit.

G_M

What aspect of the AST has been breached?

Is there a signed check-in inventory as well as as check out?

As Bitter says, there is no need for receipts - indeed whether you do the remedial work or not is your decision and irrelevant. What matters is whether the work is needed because of damage caused by the tenant. And whether you can prove this.

sequence

Is the tenant still living there ?

BitterAndTwisted

I've told you "quotes and estimates if you're absolutely certain that all of the work is provable and justified." The provable bit referred to whether there was a detailed inventory at the start of this tenancy. If you've no documentary evidence of the condition at the start of the tenancy you could be scuppered.

BitterAndTwisted

Aha! IF vacate in current condition. Tenant is still in situ so still has time and the opportunity to rectify before surrender. Have these alleged breaches been identified on a routine landlord's inspection?

princeofpounds

Google 'TDS case studies' and look up the instructions and you'll get a fairly good idea of how things work. The key point is that you need to provide evidence of condition on the way in and on the way out. Good evidence, like a proper inventory, photos of damage etc.

That, plus proper quotes/invoices (you can't just make up an estimate) should be enough. Although the initial burden of record-keeping is with the landlord if you do your job properly then you should be fine.

BobQ

Of course anyone can make an over the top estimate, unless you can show its reasonable you are always likely to be challenged, rightly so. My mate refused to pay unless the landlord actually did the work based on best of three estimates and it turned out the estimates originally offered were inflated. But it does depend on what it is. If for example the kitchen worktop has a dent, it may not be justified to replace it but you might expect a nominal sum for some damage.

jjlandlord

BobQ wrote: »

. My mate refused to pay unless the landlord actually did the work based on best of three estimates and it turned out the estimates originally offered were inflated.

tenant is in no position to make such demands... What's next "I refuse to pay until you say 'please' and buy me a pint"?

Alias_Omega

Tenant still remains in the property, though plans to move out.

A routine inspection picked up a few faults which would be cleared up once they moved out. One was some modifications to the house which were not approved by the LL, such as changing glass doors to folding, the removal of the stairs bannister etc.

The other is damage to property was an appliance which is described on the inventory as being "As New" with photographs to prove. Inventory is signed by tenant. Tenant claims "item was damaged when we moved in" story. Cost to replace item is £200-£220 plus fitting. Unsure on repair, probably not find anyone to do it.

Good News, the LA did a really good job of an inventory and took some really good pictures, as well as our own pre-rental pictures. The AST states that the property should not be altered, and put back in the condition it was when initally let.

From the deposit, we would be looking for the damaged item to be replaced, plus the stairs bannister to be put back how it was. (If not already done by the tenant, though its early in the month and we can inform them of what we want from them).

Check-out Inventory to be done upon tenant leaving, though we have the areas that need to be picked up on..

AO