Has anyone been through a deposit dispute service? How did it work out?

che90

Hello everyone,

Wondered if anyone might please be able to share their own experiences of a deposit dispute, or give us any advice on how the procedure works?

My partner and I have recently left a rented property. We were contractually obliged to pay for a professional inventory and condition check-out (£100), carried out by an impartial property inspection company, arranged by the landlord's letting agency.

We're both very clean, tidy and responsible tenants, and we cared for the flat beautifully over the 12 month tenancy. We spent a good day and a half cleaning it thoroughly. Our tenancy agreement didn't require us to pay for a professional cleaner, but being clean-freaks, we own some good cleaning equipment, including a heavy-duty professional floor steamer.

The property inspection result was brilliant, and the report quite rightly stated that we left the property in an excellent condition. No further action or cleaning was recommended. The letting agents even commented (via email) that this was the best result they'd ever seen.

Unfortunately, the landlord has come back to us via the letting agency to demand £300 from our deposit - and we have no idea what for! His claims are completely unfounded and outright lies e.g. "the surfaces were heavily smeared"! The place was 100% spotless, and during the tenancy, nothing at all was damaged or broken. The only thing we were slightly worried about was a tiny surface scratch to the dishwasher door - nothing malicious or deliberate, and something that any reasonable landlord would usually absorb under fair wear and tear. He's insisting that we pay for a new dishwasher door!!

What can we do now? We've pushed back on this firmly via the letting agency, but they've told us that the landlord is not budging. They've also informed us that the inspection company have deleted the photos taken during our inspection! We have a few photos of our own, but we were trusting and relying on this report - perhaps too much

What can we do now? The letting agency has advised us to take this to the TDS - does anyone have any advice for us at all please? This all seems so unfair - and why does the impartial check-out hold no credibility? What was the point of us paying for this if the landlord can then argue back? Surely the report of an impartial party should override that of a party up for potential financial gain? The property has been empty until recently, and so the landlord will have lost a month's rent... we reckon that he's trying to recover lost £££ by deducting from our deposit...that's the only thing we can think of!

During the tenancy he has failed to make essential repairs (broken toilet, major insulation window seals patched up with sellotape) and we have kept all photos and correspondence.

What are our chances of getting our hard earned cash back? We've already had to pay out for the deposit on our current rental place, so everything's feeling very tight money-wise, and it's causing us so much stress. We feel a little bit powerless at the moment, as the system always feels so in favour of the property owner. We're good tenants and we don't deserve this!

Thank you so much.
x

AdrianC

che90 wrote: »

What can we do now? The letting agency has advised us to take this to the TDS - does anyone have any advice for us at all please? This all seems so unfair - and why does the impartial check-out hold no credibility? What was the point of us paying for this if the landlord can then argue back? Surely the report of an impartial party should override that of a party up for potential financial gain?

The dispute scheme is exactly what you want to do.

Basically, unless the landlord can PROVE that the deductions are justified, then he will not be awarded the money. The onus is on him to provide the proof. If there are no check-in and check-out photos comparing the alleged damage, then he's stuffed.

What are our chances of getting our hard earned cash back?

From what you've said, 100%.

We feel a little bit powerless at the moment, as the system always feels so in favour of the property owner.

Far from it. It's right in your favour. You have to prove nothing, he has to prove the deductions are justified.

anselld

Of course the checkout report carries weight, more so if it is independent. You kept a copy of the report you paid for, right?

So take it to the TDS. It may take some time but they should resolve it fairly and the onus is on the L to prove damage.

The one example you do quote of a scratched door would not actually be treated as fair wear and tear. It is damage. However, the compensation for that must account for the age of the appliance and would not necessarily be the full cost of a new door.

Repairs - irrelevant now unless L is trying to claim them as damage.

ProDave

I did as a landlord.

I had to jump through all the hoops, provide photographic evidence of all the damage done to the property, provide estimates for the repairs to the damage.

it took about a month for a decision and I was awarded the whole deposit to keep and the tenant got nothing. It went some small way to paying part of the cost of the repairs.

In my case it was genuine damage, holes in the plasterboard walls (and I mean big fist sized holes not just a picture hook hole), carpets removed and not replaced with anything, toilet cistern broken etc.

bouicca21

I did as a tenant. Marshalled all my evidence, submitted claim. Got my full deposit back.

che90

Thank you.

ProDave, really sorry to hear about that. How did you go about proving the damage with photographs? Surely, unless the photographs were taken during an inspection by an impartial party, or while the tenants were still key holders, then how was it proved that the damage was done by them? I mean, I'm obv not suggesting it was you! We just can't see how our landlord will now try and hold his case by presenting photographs of mess, because there wasn't any! If he does, for argument's sake, take a photo of some mess he makes himself to try and get some money off us for cleaning - could he try and claim this was us? We're worried! Surely anything taken after the point of keys being returned is invalid as the tenant hasn't had access to the property?

Also, it's been over 10 days since we moved out and started the process. Should the rest of the undisputed amount have been returned to us by now?

anselld

che90 wrote: »

Thank you.

ProDave, really sorry to hear about that. How did you go about proving the damage with photographs? Surely, unless the photographs were taken during an inspection by an impartial party, or while the tenants were still key holders, then how was it proved that the damage was done by them? I mean, I'm obv not suggesting it was you! We just can't see how our landlord will now try and hold his case by presenting photographs of mess, because there wasn't any! If he does, for argument's sake, take a photo of some mess he makes himself to try and get some money off us for cleaning - could he try and claim this was us? We're worried! Surely anything taken after the point of keys being returned is invalid as the tenant hasn't had access to the property?

Also, it's been over 10 days since we moved out and started the process. Should the rest of the undisputed amount have been returned to us by now?

The DPS adjudicators do frown on any delayed checkout evidence for those very reasons. But you have the report you paid for, yes?

The undisputed amount should be returned once both parties have submitted their claims to the dispute process.

che90

That's really helpful to know, thank you. Yes we have the full report thankfully.

So the next thing we do is contact the TDS and let them know that we disagree with the claims?

nigem

I also went through TDS, submitted detailed reasons why I disputed the deductions and was awarded almost the whole deposit back.
HTH

Ms_Chocaholic

che90 wrote: »

That's really helpful to know, thank you. Yes we have the full report thankfully.

So the next thing we do is contact the TDS and let them know that we disagree with the claims?

My understanding is you apply to TDS for the return of your deposit. It is then up to the landlord to put his side of the story forward as to why it should not be returned.

FBaby

Did it twice as a LL and won both times.

As stated, the requirement will be on the LL to prove their case. It isn't started well at all for them when what is got as evidence is an unbiased report that said that you left the property in a perfect condition. They will therefore have to prove that this wasn't the case and an adjudicator could actually conclude that this is not your issue and if they are not happy with the company that did the report, they could take it up with them.

Assuming the adjudicator is even prepared to consider the claim about the dishwasher door. Depends whether this will be considered damage or T&W. This will depend on how bad the scratch is and how old the dishwasher was. For info, I claimed for the full repair cost of a broken door handle and I did get the full amount, however, the door was only two years old and the adjudicator agreed that it had been broken by neglect (nothing to do with T&W). A small scratch is much more likely to be seen as T&W, so again, it's in your favour.

Another factor is that if the LL is to make a claim for the unsatisfactory cleaning, they will need to show pictures of the claimed dirt (affecting more than one surface) on the day, or at worse the following day) of the end of the tenancy.

On the account of what you've said, i think you don't have much to worry. The problem though is that it often comes down to interpretation, ie. what is seen as a small mark by the tenant is seen as a big one by the LL, same with cleaning, what is considered clean by someone.