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Deposit protection service.. issues.
deanparkr
Posts: 21 Forumite
Hi
My parents have a house they rent out via an agent and have done for some time with no issues. The most recent tenant is now moving on but has left the property in very poor condition. The tenant has been drying clothes in doors with a tumble drier and had seemingly not been using any ventilation or heating and there is now thick mould in the property.
I'm not privy to all the facts, but apparently the agents are saying it is one of the worst conditions they have seen a tenant leave a property in. The walls had to be stripped back to plaster to be repaired. So they raised a dispute with the DPS thinking it would be a cut and dry case.
To our surprise the DPS responded in quite short terms saying that there was no "verifiable evidence" that her actions were the cause of the mould and that our claim fails.
I thought the DPS were supposed to be neutral but their response seems to suggest the responsibility is with the landlord in any case unless explicit evidence suggests otherwise. Ie. Do they generally just side with the tenant by default?
The loft insulation was the required thickness and the house has cavity wall insulation. I have no idea what kind of evidence we can get that proves she was the cause other than common sense.
Just wondering if this is a typical stance from the DPS? I suppose there isnt much that can be done other than us taking the tenant to court themselves. Though I suppose the DPS decision might make that tricky when used against them. Ho hum!
My parents have a house they rent out via an agent and have done for some time with no issues. The most recent tenant is now moving on but has left the property in very poor condition. The tenant has been drying clothes in doors with a tumble drier and had seemingly not been using any ventilation or heating and there is now thick mould in the property.
I'm not privy to all the facts, but apparently the agents are saying it is one of the worst conditions they have seen a tenant leave a property in. The walls had to be stripped back to plaster to be repaired. So they raised a dispute with the DPS thinking it would be a cut and dry case.
To our surprise the DPS responded in quite short terms saying that there was no "verifiable evidence" that her actions were the cause of the mould and that our claim fails.
I thought the DPS were supposed to be neutral but their response seems to suggest the responsibility is with the landlord in any case unless explicit evidence suggests otherwise. Ie. Do they generally just side with the tenant by default?
The loft insulation was the required thickness and the house has cavity wall insulation. I have no idea what kind of evidence we can get that proves she was the cause other than common sense.
Just wondering if this is a typical stance from the DPS? I suppose there isnt much that can be done other than us taking the tenant to court themselves. Though I suppose the DPS decision might make that tricky when used against them. Ho hum!
0
Comments
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What evidence was presented as to the state of the house when the tenant took over?If you've have not made a mistake, you've made nothing0
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Did the letting agent or your parents never carry out an inspection during the tenancy?
What kind of evidence was submitted to DPS? Check-in and check-out inventories for example?0 -
The agent dealt with the DPS submission. It included photos before and after, included check in and check out inventories.
The report makes mention that they are "mindful that mould can be caused by the tenants lifestyle" then goes onto say they look for verifiable evidence that the tenants actions were the cause.
The agents have responded and CC'd us in saying how disappointed they are about the decision and have raised questions on what evidence they are looking for.
The DPS doesnt accept appeals seemingly though. Frustrating.0 -
Sadly this is a tough one to prove, and although common sense suggests the tenant was responsible for the mould, the DPS will want more evidence than that. Was a monthly inspection done? And was there any mention of mould at any point throughout the tenancy?0
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It's neutral, but that doesnt mean that you auto win.
The onus is on the LL to prove they are entitlted to be paid the tenants money.
The DPS are neutral in the sense they have no bias towards one or the other.0
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