Deposits, TDS and Estate Agents

climbintheladderouttadebt

Hi there everyone!

I need some advice this evening please? My husband and I moved out of our rented property just over two weeks ago. We received a letter 13/14 days after we moved out to say that we were having £50 deducted from our deposit (registered with the TDS in England) for damage to 2 rooms - the kitchen and second bedroom for blu-tac marks. This is for 'oil marks on walls' I believe.
We've been on great terms with the LLs and we've liaised about the deduction. They say we have damaged three rooms (only 2 of the 'damaged' rooms are noted as damaged in the leaving inventory) and have told us that the estate agent suggested the £50 deduction. When I challenged the deduction, the LLs suggested we pay them in cash instead.
No quotes were put in to the estate agents, in fact no inventory was ever done when we moved in - or at least we never saw and signed one.
The £50, as I understand, is to redecorate the kitchen, which was partially done in that bumpy paper that so many homes seem to have (sorry I don't know what it's called!), bedroom 2 which was decorated with lining paper, and bedroom 1 which was painted.
So my questions are:
1)should the estate agent 'suggest' a deduction amount, seemingly without any thought to the real cost of any damage?
2)with no inventory when we moved in, can they enforce the one done when we moved out?
3)with 13 days having elapsed since we moved out (and our deposit overdue) isn't this breaching a timescale?
4)can the LLs claim for anything they feel like adding?

When we moved into the property it was filthy, even the notes on the estate agents system states the property was (and I quote) "disgusting" - which we cleaned to a better condition during our 5 months there. We even moved out early for them to settle back into their home. We've put ourselves into debt to be able to move again, spent time in a real panic that we'd have nowhere to go (rental properties are few and far between where we live) and we feel that maybe we are being used to help bulk up the 'let's decorate before the new baby comes' fund. Or at least the rules have not been followed here.
Sorry for the long post, I am very tired and emotional with an awful lot of stress to deal with.

Thank you for taking the time to read this, we will greatfully receive any replies, even if it's not quite what we want to hear! lol

marliepanda

No inventory = no leg to stand on.

Claim your full deposit back. Maybe fob off LL and say you'll give him the £50.

Get your deposit. Keep it.

G_M

So the damage to the 2 (or 3) rooms is blu tack marks?

Anything else?

This does not warrant a full redecoration so I would contest it via the deposit scheme.

Especially if there is no check-in inventory to prove the marks were not there when you moved in.

Having said that, to be honest £50 is nothing for 2 (3?) rooms decoration. Seems very cheap.

So my questions are:
1)should the estate agent 'suggest' a deduction amount, seemingly without any thought to the real cost of any damage?No it should be costed. But if they get a builders quote for re-decorating 3 rooms, it will be £300- £400!
2)with no inventory when we moved in, can they enforce the one done when we moved out? Very hard unless they have other evidence from when you moved in (eg an invoice fo redecoration at the time)
3)with 13 days having elapsed since we moved out (and our deposit overdue) isn't this breaching a timescale? What are the TDS timescales?
4)can the LLs claim for anything they feel like adding? Yes - provided the claim is for genuibe damage and they can substantiate it

tbs624

Agree with G_M apart from blu tac damage

That tac stuff is vile IMO The tac ( blue, white or whatever colour) leaves horrible greasy marks that need to be covered with a stain block paint before redecoration. It is not something that can just be patched up with a few random daubs of emulsion and if its in a couple of rooms I don't think 50 quid is over the top

That said, LL needs to be able to show that marks were not there at the start of the tenancy and they are likely to struggle without a jointly signed inventory.

tbs624

G_M asks what the TDS timescales are. The OP has nothing to act on here.

If there is no dispute about the Deposit, members must record on the TDS tenancy database the amount of the Deposit to be allocated to each party within 14 days of the end of the tenancy, or within 14 days of reaching agreement with the Tenant, whichever is the later.

Note OP that disputes must be flagged up at the TDS within a max of 3 months of the tenancy end ( for post April 2011 tenancies, 6 for those predating this )

climbintheladderouttadebt

Thanks so much for the concise info - the LLs have admitted that it won't cost as much as £50. They seem really keen to have something in cash and are willing to accept less if I pay them now - if I was to do this, though, am I hoping that they will be honest enough to tell the TDS? Otherwise surely I'll lose out both ways? I am desperate to have this over and done with - fighting over £50 if I could hand over less and avoid endless stress is very appealing...
Wondering what others would do in this situation?
I certainly agree £50 is cheap compared to a decorators quote. Am trying to be fair whilst still feeling quite angry that we have basically cleaned their home for them and will now be paying for redecorating

Thanks again

tbs624

The decision obviously has to be yours OP.

However, the fact that the LL would apparently prefer you to pay a separate cash sum suggests to me that they know they will struggle to justify their deductions if they go via the scheme.

As we said above:

tbs624 wrote: »

.....That said, LL needs to be able to show that marks were not there at the start of the tenancy and they are likely to struggle without a jointly signed inventory.

G_M wrote: »

..... I would contest it via the deposit scheme.

Especially if there is no check-in inventory to prove the marks were not there when you moved in.

You could always tell them that everything must go via the scheme as you have no spare cash atm, what with the costs of moving and so on.......