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Tenant deposit and raising issue with TDS

Hi all,

I have just had a tenant leave my property. My lettings agents have estimated that there was around £200 worth of repairs that need doing on the property. They gave her the option of repairing these herself, which she took. The issues were:

Spilt gloss paint in the outhouse
Holes drilled on one bedroom and aerial fed through from the loft, aerial also stapled to the wall.
Holes drilled in other bedroom and filled in with badly done polyfiller.

I went back and saw that the tenant had only addressed the third problem, which had been only painting over the polyfiller rather than smoothing it over etc.

I have queried this and the agency have told me to take it to the TDS and take it out of the tenants deposit.

The tenant is arguing that the repairs were done by a professional builder and supervised. I disagree.

I was wondering whether this would be worth raising as a dispute - I didnt want to waste the TDS time, however the tenant has damaged the house and is now refusing to pay.

Comments

  • anselld
    anselld Posts: 8,738 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    If you have inventories before / after tenancy to support that the damage has been caused by the T plus evidence to support the repair cost then yes, take to TDS.

    Personally, I struggle to see how a few holes can come to this, but the paint spillage might me more substantial damage I guess.
  • pyueck
    pyueck Posts: 426 Forumite
    Have you got an inventory signed by the tenant at the start of the tenancy saying what the condition was then and also one at the end?

    To win at the TDS you also need a few quotes for the work not just a finger in the air estimate.

    The first part is to negotiate with the tenant and give them a breakdown of what you are charging them for. It is up to the tenant to appeal to the TDS.

    It is also arguable that this work is not damage but is a normal expected usage of the property. Contrary to popular opinion the tenant does not have to return a property in the state found but it must only be in a reasonable state compared to the state at the start of the tenancy taking into account usual wear and tear (including normal usage of a property) taking into account the length of the tenancy.

    With no evidence of the condition at the start of the tenancy you have no chance.
  • anselld
    anselld Posts: 8,738 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    pyueck wrote: »
    It is also arguable that this work is not damage but is a normal expected usage of the property.

    Holes and paint spillage ... certainly not arguable as wear and tear.
  • pyueck
    pyueck Posts: 426 Forumite
    anselld wrote: »
    Holes and paint spillage ... certainly not arguable as wear and tear.

    Sorry I thought it said split paint! My mistake! Still you need good evidence to win.
  • chanz4
    chanz4 Posts: 11,057 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Xmas Saver!
    isn't an outhouse a shed?
    Don't put your trust into an Experian score - it is not a number any bank will ever use & it is generally a waste of money to purchase it. They are also selling you insurance you dont need.
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