Landlord wants to take ALL the deposit

benjus

Thanks for that.... well, they clearly can't use the same excuse as the LA you mentioned, as they check-out inspection was done as we vacated the property, with my OH present.

It seems to me that we are acting within the timescales to at least the same extent that they are - they did not notify us of proposed deductions within 10 working days; marginally after 10 working days (when I requested the return of the deposit) the landlord said she wanted the full deposit, but did not provide any details or justifications. We responded to dispute this claim, so are clearly within the 20 working days deadline for notifying a dispute.

So if this is still unresolved by next week, do you think there would be any issue with us raising a dispute with TDS?

Dragonista

What does it say on the check-in? If there's no mention of dishwasher then you're not liable. If there's no mention of paintwork, again not liable. Check-ins have to be detailed, it has to say things like "bedroom 1: newly painted, no scuffs" or whatever. If there's nothing mentioned, or it's generic then your LL hasn't got a leg to stand on. Landlords should also allow for 10% wear per year. So 3 years on it should only be 70% of the condition you found it in (after 10 years it should be redecorated)

ETA: saw your updates, sorry to reiterate what's already been said.

bebewoo

Just dispute everything with the TDS.
Don't hang around trying to negotiate, it's pointless when faced with greedy LAs like this.
It's a shame you even offered £50 for the repainting.
The TDS nearly always finds for the tenants, even if they have wrecked the place, the TDS definitions of wear and tear are very very kind to the tenant. Stop negotiating now and get straight to dispute, you are wasting time.

chappers

I would stick to your timescales the TDS will accept your dispute and if your LL has any rightful issues with the timescale of your dispute you will hear about it through the TDS.
It won't have any effect on the validity of any dispute you raise.

1981trouble

OP we had an almost identical saga starting last august (only difference is we didnt have a dishwasher!), it took until december but we won the dispute with dps. Like you we had photos and letters/emails etc

PM me your email address and I will send you some of our documents and the report from the dps to make sure you use appropriate wording etc.

Everything you have done so far is fine and will act in your favour.

1981trouble

also, now stop communicating with the landlord, you are giving them your ammunition - like us you have a very strong case as they have shot themselves in the foot with rubbish check in and failing to act on faults etc DPS ripped our landlord to pieces simply because we played a better game when it came to the dispute and wording/paper trail.

dodger1

benjus wrote: »

Anyway, we sent the landlord a letter (delivered today), to the following effect:

• We reject any parts of the check-out report that make comparisons with an unknown document which we have not signed, and only accept comparisons with our check-in report
• We offer £50 to cover repainting the sides of the chimney breast, but reject any further claims for redecoration because the paintwork in the flat was described in the 2010 inventory as having "general scuffs", and it was worse than that when we arrived in 2011, so the flat obviously has not been redecorated for some time. [The condition of the paintwork is not documented in our check-in report]

If the condition of the paintwork is not documented in your check in report surely that means it was fine. If there were scuffs you should have had that added to the report. You appear to reject claims based on the 2010 inventory but then use that inventory to back up your own argument for the scuffs.


Sorry I don't doubt your word at all but if they can't use the old document to bolster their argument then neither can you. Why didn't you insist on the scuff marks being added to your check in report when you moved in? Sorry if this comes across as harsh but the check in should be used to show any damage. I suppose it would also depend on how bad the scuff marks are and whether they could be deemed ware and tear, but still make sure next time they are on the report to stop any disagreement.

benjus

dodger1 wrote: »

If the condition of the paintwork is not documented in your check in report surely that means it was fine. If there were scuffs you should have had that added to the report. You appear to reject claims based on the 2010 inventory but then use that inventory to back up your own argument for the scuffs.

TDS will not make this assumption. From their website:

If the check in report does not describe the condition of the property’s decor, we will not assume it is in good condition

I am using the 2010 inventory to document how the property was in 2010, not to document how the property was when we checked in - this is a crucial difference. It seems to me that it is perfectly reasonable to use the 2010 inventory to establish that the property has not been redecorated for several years, unless the landlord can provide evidence to the contrary.

dotdash79

Start the single claims process via the TDS, this then starts the clock ticket and gets action a lot faster, get all your evidence together first so you are ready to respond quickly.

the period of time for submitting evidence is a lot short under the single claim process.

benjus

Just received an email from the landlord (CC-ing the Agent) accepting our offer of £50 and instructing the agent to release the remaining £1425 to us.

I've already submitted the dispute application to TDS (although they haven't processed it yet). I just spoke to them on the phone and they said that while they can't stop my dispute from being opened, I can instruct them to close it as soon as I receive the funds.

Thanks for all the advice!