Landlord Dispute - Any advice?

Guest101

colink24 wrote: »

The agent wrote in an e-mail to me

I will arrange for the monies to be sent to the TDS for the ADR process (please note this can take up to 12 weeks for a case to be settled).

I can see on the TDS website it was lodged with them when the tenancy started though.

"Dear Agent,


Thank you for your email. I have contacted the TDS and will be sending through my evidence in due course.


Many thanks"

Pixie5740

You just need to leave the property in the same condition that it was in at the start of your tenancy minus any fair wear and tear. It does not matter whether you manage to achieve the same level of cleanliness by applying some elbow grease or by paying someone to do the cleaning for you.

Saying that you have to have the property professionally cleaned in your tenancy agreement is not an enforceable clause (What professional standards are cleaners help to? What if the property was filthy when you moved in, the LL is not entitled to betterment?) and I'm surprised that someone at TDS advised you otherwise.

If you are taking this to arbitration through TDS then you need to put your case forward.

colink24

Thanks to everyone for the advice. Sadly I dont have much photographic evidence but I will see what I can find.

I have tried contacting the landlord and said I am happy to pay some costs towards cleaning but he just said deal with the agent (massive change of attitude since we moved out, very pally before).

Hopefully this type of effort to resolve the issue will work in my favour.

I do feel we have bene a bit naive by not taking our own pictures, as some of the close up's the property management company have taken were marks that already existed, but were so minor I never iimagined it would be an issue. Another lesson learned.

bris

It wasn't in the same condition though was it? The sink was damaged and the child felt tipped the walls.


The inventory isn't going to mention damage that isn't there is it, that would be impossible to do. The chipped sink has been flagged because the tenant chipped it so it needs replaced, the wall that was drawn on needs repainted. £170 for a sink isn't expensive it needs fitted too remember and a painter needs to paint the wall.


The sink, carpets (pets) and wall is not fair wear and tear. All that's left is the LL proving the expense of putting this right.

NYM

.... as part of a pet clause in the tenancy agreement, we would need to have the carpets professionally cleaned.....

If you had pets in the property, it might be difficult to argue the professional cleaning charge.

Guest101

NYM wrote: »

If you had pets in the property, it might be difficult to argue the professional cleaning charge.

Equally it's possible to hire the same equipment and do it yourself.

NYM

Guest101 wrote: »

Equally it's possible to hire the same equipment and do it yourself.

But they didn't, did they..

Guest101

NYM wrote: »

But they didn't, did they..

I was being more general in my comment

HappyMJ

bris wrote: »

It wasn't in the same condition though was it? The sink was damaged and the child felt tipped the walls.


The inventory isn't going to mention damage that isn't there is it, that would be impossible to do. The chipped sink has been flagged because the tenant chipped it so it needs replaced, the wall that was drawn on needs repainted. £170 for a sink isn't expensive it needs fitted too remember and a painter needs to paint the wall.


The sink, carpets (pets) and wall is not fair wear and tear. All that's left is the LL proving the expense of putting this right.

Painting is a normal expense incurred by landlords between tenancies. They can't charge tenants to paint the walls and replace the carpet even though there are marks on the wall and the carpet is worn due to use by pets. Replacing the whole sink and getting someone to fit it just because it has a repairable chip is also not going to be allowed. In this case the LL is entitled to almost nothing. .... in my opinion as a landlord.

colink24

HappyMJ wrote: »

Painting is a normal expense incurred by landlords between tenancies. They can't charge tenants to paint the walls and replace the carpet even though there are marks on the wall and the carpet is worn due to use by pets. Replacing the whole sink and getting someone to fit it just because it has a repairable chip is also not going to be allowed. In this case the LL is entitled to almost nothing. .... in my opinion as a landlord.

Thanks for this. If I fight this, how likely am I to get a good result?