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TDS case lost - advice
Comments
-
TDS decision:REASONS FOR DECISION
After careful review of all the evidence received from the parties the reasons for this decision are given
below.
The landlord and tenants have been unable to reach an agreement with respect to the proposed
deductions from the deposit at the end of the tenancy. The landlord claims in excess of the deposit in
relation to the cleaning, redecoration, rectification of damage and replacement of missing items that he
says were necessary at the end of the tenancy. As the claim exceeds the deposit, I will confine any
award to that amount. The landlord says that he lived in this property and had refurbished it in 2005. He
has produced an invoice for the professional clean at the start of the tenancy, and various receipts and
invoices in relation to the works required following the end of the term. In addition he proposes to do
some of the work himself at a rate of £25.00 per hour.
The tenants say that they returned the property in good condition and were never given a copy of the
check-in report or photographs. They say that because this document is not signed it is ‘illegal’. I
disagree, frequently check-in and check-out reports are not signed by the parties, and I have to consider
both the reports and the actions of the parties when determining liability for a deposit.
With respect to the lack of a check-in, the tenants have not provided any evidence that they complained
to the agents or landlord when they first took up the tenancy, that the property was dirty, or that any items
were damaged. I would expect a tenant to produce copies of e-mails or other correspondence to show
that they complained to the agents about the standard of cleaning and any damaged items, when they
first occupied. In this instance they appear not to have done so and have not produced any evidence to
support their statement. With respect to the missing items, they say that they were not missing, and it
appears that some have been returned to the landlord, but that the television, DVD player and Freeview
box were all stored in the shed, as were some curtains, and this has damaged them and they now require
replacement. The tenants have not said, for example, that there was no television or DVD player in the
house and on balance of the evidence supplied by the agents, I am persuaded by the evidence of the
check-in document, and consider that this represented the condition of the house when the tenancy
started.
In deciding any claim TDS considers that all parties are entitled to rely upon the check-in and check-out
reports as being the primary documents recording the condition of a property at the start, and at the end,
of a tenancy. A comparison of these reports would show if a property had been returned in the same
condition, and level of cleanliness, that it was in at the start of the tenancy, and thus enable me to
ascertain whether the tenants fulfilled their contractual obligations in this respect. A landlord is not entitled
to betterment and must allow for fair wear and tear, although the scope of this does not extend to
cleaning.
Cleaning:
At the start of the tenancy, the property had been cleaned to a professional standard and there has been
no indication from the tenants that the house was not clean. At the end of the tenancy the inventory clerk
identified that cleaning had not been undertaken to the same standard. Under the terms of the tenancy
agreement, the tenants were required to return the house with the same level of cleaning having been
carried out. They have not produced an invoice or receipt to show that they paid for professional cleaning,
and I am persuaded that the landlord’s claim for cleaning is supported by sufficient evidence. The claim
is broken down into the general professional cleaning, and additional cleaning (windows, upholstery, and
removal of mould) that was undertaken separately. I am satisfied that the amount of £727.45 as claimed
is reasonable in the circumstances and award that amount to the landlord. £727.45.
Decorations:
The landlord claims 50% of the amount required to redecorate the house. In this instance the amount is
£1,750.00. I can see from the check-out report that many of the walls had been drawn on during the
tenancy and wax crayon and pen had been used in several places. In addition to this, some pictures had
been stuck to the walls in the kitchen and these areas needed to be made good.
I am not satisfied that a 50% contribution is fair in this instance. The landlord says that the property was
refurbished some time before this tenancy started, and he must take that into consideration. His
reduction of 50% should, I consider be reduced to 25% (£875.00), however I do not have sufficient deposit
left to make such an award, and in the circumstances, I award the landlord the balance of the deposit held
- £472.55. £472.55.
Award to Landlord: £1,200.000 -
-
You can go to court but they will not look favourably on your case given you used arbitration already.
I am not surprised you lost. Your complaint is not focused, in language or in legal argument. The following points come to mind:
- You talk about reports requiring signatures. They do not. The adjudicator simply needs to believe on the balance of the case that they are fair evidence. They probably think they are because they were prepared by a third party (we can argue the merits of that later).
- You talk about reports being 'binding'. They are not. They are just one form of evidence.
- Periodic inspections are irrelevant.
- You use phrases like 'as far as we remember', which undermines your own evidence. You have either seen the reports, or you haven't.
- You concentrate on challenging or checking the report. That does not, in itself, negate the evidence.
Generally speaking, you talk too much about things that don't matter and you do not offer any evidence of your own. The adjudicator might think that the LL's case is really, really weak, but it is better than nothing.
It would be interesting to see the LL's statement, as that might provide extra clues and also help us understand if court will get you somewhere.0 -
You say the L claimed £6,500 (but that does not seem to be the case reading the judgement)
The judgement awarded £1,200 (the full deposit) and would have been more if the deposit was larger.
Sounds like you got off lightly already; lucky the L didn't take you to Court.
Unless you have some really compelling evidence that wasn't presented to TDS and which you can now present clearly and consistently to the Court, then you will be throwing good money after bad.
As the TDS advice states, take legal advice and if you still want to proceed after that then ask the legal advisor which forms you need!0 -
Ah, the judgment cross-posted with my post, but it confirms most of my suspicions and adds extra points.
- They absolutely agree with my point that your barking on about signatures is a red herring.
- Your refutation didn't even address many of the important points, particularly on specific damages to the property and to objects.
- The LL had further receipt evidence.
- And also, frankly, your refutation seemed rather evasive and relying on misunderstood procedural grounds, when the LL had photos with clear evidence of crayon scribble on them.
So... did you cause the crayon scribble?
I'll be honest here - when I read your first post I thought you had lost because your focused on procedural nonsense. Reading the decision, I now think you lost because you caused all that damage.0 -
So basically you allowed mould to build up , the place to get filthy and marked, and you're now trying to be clever to evade it?
Or am I the only person thinking this?0 -
Based on that judgement I don't think you have a hope in hell of getting a judge to reopen the case. Especially as you had an opportunity to submit evidence and did not do so. If you do get the case reopened, you may well find the landlord gets awarded more.
As others have said, get some good legal advice before you take another step.0 -
You are wrong I'm not playing any game but LL do.I have plenty photos taken by myself before we move in and just before we move out.
a whole her statement was manipulated ie photos taken 2 weeks after we left the property as evidence, already damaged furniture - she claiming that we have made damage. chipped laminated floor - chips from beginning but she used photo as evidence where you cannot see anything.
- crayon scribble - there was only one small mark on the wall in the whole house and she claimed that that was several marks and now she need to repaint a whole house
- mould - there was mould from the beginning of the tenancy - we deal with it, we have reported but nothing has been done about by LL. LL now claims that there was no mould when we move in.
- cleaning - LL done cleaning 2 weeks before we move in and when we move in a whole house was dirty again.
check in reportENTRANCE HALL
PORCH DOOR
Double glazed door unit is fitted top panel with frosted glass.
Five lever security locking system fitted with door handles.
Door is fitted with letter flap in the middle.
Door opens and closes with ease.
Door is in good condition.
DOOR LOCK
Five lever lock is in working condition.
FRAME
Door frame is in good condition.
DOOR SILL
Door sill is in good condition.
DOOR
Wooden door painted in white fitted with 2 glass panels on the top.
Door opens and closes with ease.
Door is in good condition.
DOOR BELL
Working
CEILING
Ceiling is painted in white is in good condition.
WALLS
Walls are papered are in good condition.
SKIRTING BOARD
Skirting board is painted white is in good condition.
FLOOR
Fully fitted laminated flooring is in good condition.
RADIATOR
Radiator is in white with both valves present.
Radiator is in good condition.
LIGHTS
Light tested and working.
LIGHT SWITCHES
Light switch tested and in working order.
SMOKE ALARM
Not tested
LOUNGE & DINNING ROOM
DOOR
Wooden door painted in white fitted with 2 glass panels on the top and chrome door handles. Door opens and closes with ease. Door is in good condition.
DOOR FRAME
Door frame is painted in white is in good condition.
DOOR LOCK
None
3 X WINDOWS
Double glazed 2 panel window units fitted with 1 opening.
Window lever closure handle is with no keys to lock.
Windows opens and closes with ease.
Windows are in good condition.
WINDOW FRAME
Window frame is in good condition.
SILL
Window sill is in good condition.
CURTAINS + RAIL
Net curtains are in good condition.
Curtains and curtain rail are in good condition.
CEILING
Ceiling is painted in white is in good condition.
WALLS
Walls are painted in magnolia are in good condition.
SKIRTING BOARD
Skirting board is painted in white is in good condition
FLOOR
Fully fitted laminated flooring is in good condition.
Small rug is in good condition.
RADIATOR
Radiator is in white with both valves present.
Radiator is in good condition.
LIGHTS
Light tested and working.
LIGHT SWITCH
Light switches tested and in working order.
POWER SOCKET
Tested and working.
FURNITURE
SOFA
Three seat sofa is in good condition.
SOFA BED
Sofa bed is in good condition.
DINNING TABLE
Dinning table is in condition.
DINNING CHAIRS
2 dinning chairs are in good condition.
BOOK SHELVES
2 book shelves are in good condition
TV
TV with remote and digital receiver box and DVD player with remotes controls
KITCHEN
2 DOORS
Wooden doors painted in white fitted with 2 glass panels on the top and chrome door handles. Door opens and closes with ease. Doors are in good condition.
DOOR FRAME
Door frames are painted in white is in good condition.
DOOR LOCK
None
DOOR TO GARDEN
UPVC double glazed 2 panel door unit is fitted top panel with glass.
Door and white door handle are in good condition.
Door opens and closes with ease.
DOOR FRAME
Door frame is in good condition.
DOOR LOCK
Door has 3 lever locking is in working condition.
CEILING
Ceiling is painted in white is in good condition.
WALLS
Kitchen unit area is tiled and other area is painted in white.
Tiles plus paint work are in good condition.
FLOOR
Fully fitted tiled flooring is in good condition.
LIGHTS
Light tested and working.
LIGHT SWITCH
Light switch tested is in working order.
WALL POWER POINTS
All power points tested and in working order.
KITCHEN WORKTOP
Kitchen worktop is in good condition.
SINKUNIT + TAPS
Stainless steel sink is fitted with chrome mixer taps for hot and cold water.
Sink and water taps are in good condition.
KITCHEN BASE UNIT
All the kitchen base units are fitted with wooden doors and chrome door handles.
1X600mm sink base unit
1X400mm door unit
1X300mm door unit
1X500mm 3 drawer unit
All the base units and doors and door handles are in good condition.
SKIRTING BOARD
Base unit skirting board is in good condition.
WALL UNITS
All the kitchen wall units are fitted with wooden doors and chrome door handles.
1X1200mm door unit
2X800mm door unit
1X500mm door unit
1X400mm door unit
1X300mm door unit
All the wall units and doors and door handles are in good condition.
BOILER
Boiler is in good condition.
Tested and working.
KITCHEN APPLIANCES
COOKER
Four ring gas cooker is in good condition.
Tested and is in working order.
OVEN
Oven is in good condition
Oven tested and is in working order.
EXTRACTOR
Extractor hood is in good condition.
Extractor fan tested and is in working order.
REFRIGEATOR
Fridge/ freezer are in good condition.
Fridge/ freezer tested and are in working order
Freezer door has minor dents and inside bottom drawer is cracked.
WASHING MACHINE
Washing machine is in good condition.
Washing machine tested and is in working order.
TUMBLE DRYER
Tumble dryer is not working
DISH WASHER
Dishwasher is in good condition.
Dishwasher tested and is in working order.
MISCELLANEOUS
Toaster
Mixer
Microwave needs cleaning
Kettle
Set of knifes
Other left behind are in the pictures on the CD.
Lamp not working
TOILET
DOOR
Wooden door painted in white is fitted with chrome door handles.
Door and door handles are in good condition.
Door opens and closes with ease.
DOOR FRAME
Door frame is painted in white is in good condition.
DOOR LOCK
Door lock is in working condition.
WINDOWS
Double glazed 1 panel units fitted with 1 opening. Window lever closure handle is with no keys to lock. Windows are fitted with frosted glass. Windows opens and closes with ease. Windows are in good condition.
WINDOW FRAME
Window frame is in good condition.
SILL
Window sill is in good condition.
CEILING
Ceiling is painted in white and is in good condition
WALLS + TILES
Bathroom walls are painted in white are in good condition.
FLOOR
Fully fitted lino flooring is in good condition.
SKIRTING BOARD
Skirting board is painted in white is in good condition.
RADIATOR
Radiator is in white with both valves present.
Radiator is in good condition.
LIGHTS
Light tested is in working condition.
LIGHT SWITCH
Light switch tested and is in working condition.
TOILET ROLL RAIL
Toilet roll rail is in good condition.
WC+SEAT+HANDLE
White W.C. is fitted with white toilet seat and flash water tank.
All are perfect and in good working condition.
STAIRS AND LANDING
NEWEL POST
Wooden newel post painted in white is in good condition with chip marks.
BANISTER RAIL
Banister rail painted in white is in good condition going to first floor.
WALL RAIL
None
WINDOWS
Double glazed 2 panel window units fitted with 1 opening.
Window lever closure handle is with no keys to lock.
Windows opens and closes with ease.
Windows are in good condition.
WINDOW FRAME
Window frame is in good condition.
SILL
Window sill is in good condition.
CURTAINS
Net curtains and wooden roll blinds are in good condition.
STAIRES + FLOOR
Fully fitted carpet to stairs going to first floor is in good condition.
Fully fitted carpet flooring on the first floor is in good condition.
CEILING
Ceiling painted in white is in good condition.
WALLS
Walls are papered are in good condition.
SKIRTING BOARD
Stair skirting board painted in white is in good condition.
LIGHTS
Light tested working.
LIGHT SWITCH
Light switch tested and working.
POWER POINTS
None
MASTER BEDROOM
DOOR
Wooden door painted in white is fitted with chrome door handles.
Door and door handles are in average condition.
Door opens and closes with ease.
DOOR FRAME
Door frame is painted in white is in good condition.
DOOR LOCK
None
2 x WINDOWS
Double glazed 2 panel window units fitted with 1opening.
Window lever closure handle is with no keys to lock.
Windows opens and closes with ease.
Windows are in good condition.
WINDOW FRAME
Window frame is in good condition.
SILL
Window sill is in good condition.
CURTAINS + RAIL
Net curtains are in good condition.
Curtains and curtain rail are in good condition.
CEILING
Ceiling is painted in white is in good condition.
WALLS
Walls are painted in white are in good condition.
SKIRTING BOARD
Skirting board is painted in white is in good condition.
FLOOR
Fully fitted laminated flooring is in good condition.
RADIATOR
Radiator is in white with both valves present.
Radiator is in good condition.
LIGHTS
Light tested and working.
LIGHT SWITCH
Light switches tested and in working order.
POWER SOCKET
Tested and working.
WARDROBES
Triple door wardrobe unit is in good condition.
On bottom fitted with 2 drawers with base broken.
CUPBOARD
Cupboard fitted with 4 drawers is in good condition.
CUPBOARD
Cupboard fitted with 5 drawers is in good condition.
CUPBOARD
2 bed side cupboards fitted with 2 drawers is in good condition.
MIRROR
Triple fold mirror is in good condition
BED
Double bed is in good condition.
BEDROOM TWO
DOOR
Wooden door painted in white is fitted with chrome door handles.
Door and door handles are in good condition.
Door opens and closes with ease.
DOOR FRAME
Door frame is painted in white is in good condition.
DOOR LOCK
None
WINDOWS
Double glazed 3 panel window units fitted with 2 opening.
Window lever closure handle is with no keys to lock.
Windows opens and closes with ease.
Windows are in good condition.
WINDOW FRAME
Window frame is in good condition.
SILL
Window sill is in good condition.
CURTAINS + RAIL
Net curtains are in good condition.
Curtains and curtain rail are in good condition.
CEILING
Ceiling is painted in white is in good condition.
WALLS
Walls are painted in white are in good condition.
SKIRTING BOARD
Skirting board is painted in white is in good condition.
FLOOR
Fully fitted carpet flooring is in good condition.
RADIATOR
Radiator is in white with both valves present.
Radiator is in good condition.
LIGHTS
Light tested and working.
LIGHT SWITCH
Light switches tested and in working order.
POWER SOCKET
Tested and working.
WARDROBES
1. Double door wardrobe unit fitted with mirror panels is in good condition.
2. Triple door wardrobe unit fitted with mirror panels is in good condition.
3. Double door wardrobe unit is in good condition.
BED
Double bed is in good condition.
BEDROOM TWO
DOOR
Wooden door painted in white is fitted with chrome door handles.
Door and door handles are in good condition.
Door opens and closes with ease.
DOOR FRAME
Door frame is painted in white is in good condition.
DOOR LOCK
None
WINDOWS
Double glazed 2 panel window units fitted with 1 opening.
Window lever closure handle is with no keys to lock.
Windows opens and closes with ease.
Windows are in good condition.
WINDOW FRAME
Window frame is in good condition.
SILL
Window sill is in good condition.
CURTAINS + RAIL
Net curtains are in good condition.
Curtains and curtain rail are in good condition.
CEILING
Ceiling is painted in white is in good condition.
WALLS
Walls are painted in white are in good condition.
SKIRTING BOARD
Skirting board is painted in white is in good condition.
FLOOR
Fully fitted carpet flooring is in good condition.
RADIATOR
Radiator is in white with both valves present.
Radiator is in good condition.
LIGHTS
Light tested and working.
LIGHT SWITCH
Light switches tested and in working order.
POWER SOCKET
Tested and working.
MIRROR
Free standing mirror is in good condition.
BATHROOM
DOOR
Wooden door painted in white is fitted with chrome door handles.
Door and door handles are in good condition.
Door opens and closes with ease.
DOOR FRAME
Door frame is painted in white is in good condition.
DOOR LOCK
Working
WINDOWS
Double glazed 1 panel units fitted with 1 opening.
Double glazed window with no opening
Window lever closure handle is with no keys to lock.
Windows are fitted with frosted glass.
Windows opens and closes with ease.
Windows are in good condition.
WINDOW FRAME
Window frame is in good condition.
SILL
Window sill is in good condition.
CURTAINS
Roll bind curtains are in good condition
CEILING
Ceiling is painted in white has old marks of chipped paint.
WALLS + TILES
Fully tiled bathroom walls are in good condition.
FLOOR
Fully fitted lino flooring is in good condition.
SKIRTING BOARD
Skirting board is painted in white is in good condition.
RADIATOR
Radiator is in white with both valves present.
Radiator is in good condition.
LIGHTS
Light tested is in working condition.
LIGHT SWITCH
Light switch tested and is in working condition.
CUPBOARD
Wall fitted cupboard is in good condition.
SHOWER GLASS SCREEN
Shower glass screen is in good condition.
BATH +TAPS
White bath is in good condition.
Hot and cold water mixer taps in chrome are working.
ELECTRIC SHOWER
Electric shower is fitted with chrome mixer taps is fitted with built in shower hose and shower head.
!
WASH BASIN +TAPS
White basin is in good condition.
Hot and cold water taps in chrome are in good working condition.
WC+SEAT+HANDLE
White W.C. is fitted with white toilet seat and flash water tank.
All are perfect and in good working condition.
MISSCELLANOUS
Mop
Toilet brush
Bin
UTILITY METER READING
SERVICE
LOCATION
SERIAL NUMBER
READING
COMMETS
GAS
ELECTRICITY
WATER
NONE
NONE
NONE
NOTES
Vacuum cleaner is in average condition.
GARDEN
Front and back gardens are in good conditions.0 -
With regards to not signed reports. My point is that I have reported errors and estate agent refused to deal with my dispute. estate agents should deal with my issues according to AST. They breach the AST.0
-
TDS says that we should raise any issues that we had with check in report immediately but we have received check in report in May 2015, don't you think that estate agent should post it soon after we move in Apr 2013 so we could be able deal with it findings ?
BTW check in took 15min without LL and check out took nearly 2h with LL on board0
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