Letting agent sent what looks like fraudulent evidence to TDS dispute service

Citydel

I was renting a flat for a year with a letting agent. When I left, I cleaned the flat thoroughly to the same standard that I have with the other flats I have rented and never had a landlord claimed needed professional cleaning in 15 years of renting. I also took photos of the flat once I cleaned it.

The letting agent then said the flat needed professional cleaning. They sent me some photos of the flat. I said that they showed the flat was clean. They then sent some more photos. One dated the day the cleaning took place showing large morsels of food on the hob (not burnt on just sat there like someone had sprinkled them on). It should be noted that large bits of food on the hob are not recorded on the check out report: it says "Rings worn, no damage", which is pretty much what the check in says.

The rest of the photos where dated 8 days after the professional cleaning was supposed to have taken place. One was food crumbs in a drawer that I had only kept papers in and had hoovered and wiped down when I left. One I had no idea what it was. Another showed a small amount limescale from 2 inches away on the shower that you can see drips of water on. One just showed wear on the bath plug control. The last a tiny bit of limescale on a shower head.

The tenancy deposit scheme dispute service says that I said that these photos were taken after the cleaning took place and never mentions them or makes any consideration of them. In fact they discard all photographic evidence even the original photos that I do not dispute. They only consider the check in and check out documents. The check in I disputed at the time as it describes a ten year old flat as having almost no wear and tear. I was told I should send an email of anything I disputed, which I did and the landlord did not dispute. The tenancy deposit scheme acknowledge this half heartedly. I recorded that the oven had burnt on parts. I think they have awarded me the money for the oven deep cleaning. Though it isn't clear what I'm being awarded for.

I have to pay for balcony window cleaning despite the agent not submitting photos of the balcony windows and me sending a photo that shows it clean. In the adjudication it says something like in photos you can't necessarily see dust. The letting agent isn't claiming I left it dusty and why is it on me to prove that it was extremely clean rather than the letting agent to prove it was dirty.

I seem to be getting charged £75 for cleaning purely because on the check in the agent circled E (of PAGE) for every room and on check out a different agent, the one submitting as evidence of a need for cleaning photos dated after the professional cleaning was done, circled G. I wasn't present at the check out as I was ill.

The thing that I find troubling is that the letting agent sent demonstrably false evidence but nothing is done about that. The tenancy deposit scheme dispute service just ignores it. They then consider a check out statement that I didn't see at the time that is written and signed by the person filing the photos. Surely they should be considered an unreliable witness.

I've been looking for where I can complain to next and there doesn't seem to be anywhere to complain about what I think may be fraud. The property ombudsman have told me that I need to go through the complaints procedure of the letting agent first. Is there anything I should do? I don't care about the £75. I'm worried how easy it will be for this letting agent and others like them to rip people off in the future.

G_M

There is no appeal process within the deposit scheme arbitraton process. Their decision is final so far as arbitration is concerned.

However, you can always use the courts. You would have to
a) make clear what additional elements of the witheld deposit you are claiming (those already discounted and returned to you by the deposit scheme have clerly been satisfactorily concluded

b) what evidence you have to indicate why the disputed items should not be witheld

c) what evidence you have to counter/discount the LL's submissions. You could certainly discredit their evidence if you feel it is false, misleading, or fraudulant

Bear in mind it is primarily the landlord (not the letting agent) you need to sue, though you can join the agent as a joint defendant.

As a seperate course of action, you can complain to the agent's ombudsman scheme (whichever one is appropriate - there are 3). In each case you would need first to exhaust the agent's internal complaints procedure. But of course you cannot claim money off the agent - any deposit money witheld goes to the LL (to rectify the damage/dirt/whatever in his property), so it's not the LL who owes you money.

Thus any complaint to the ombudsman would be to highlight misconduct, not to make a financial claim.

Citydel

Thanks G_M. I have contacted the Ombudsman and they told me to contact the agent, which I have done.

From the Property Ombudsman's website, they have no power to punish the letting agent. They can only award damages.

It is shocking to me that a business can commit a small fraud like this and that there is noone to punish them. I guess the only thing I can do is leave feedback on Google for them detailing my experience.

G_M

Be very cautious leaving feedback. you could end up being sued for libel unless you can fully back up everything you claim and say.........

Citydel

Perhaps, I should just leave "Overall, I didn't enjoy my experience with {letting agent}." One star

Car1980

Have you got the original photo files? The EXIF data will be embeddee in them with a time stamp