Landlord broke TDS T&Cs

wayneooo

I didn't even get the checkout report until just under a month after moving out. I was told by the agency that the report isn't really for the tenants but I said I couldn't argue my side without it so it was only then that they sent it.

Reading the TDS terms and conditions this was one of a few that the landlord and agency have broken - another one being that they just went ahead and got work done before I even had a chance to contest anything.

Do they still have a claim on my deposit considering they've basically side stepped the whole process?

need_an_answer

A LL can go ahead and get work done,it does not prevent you contesting issues.


You yourself should have check out pictures that you took prior to move out to confirm that the property was as you left it...if needed you use these as your evidence that things differed between the check in report and the check out report compiled by the LL/agency

have you requested your deposit back from TDS?

Comms69

wayneooo wrote: »

I didn't even get the checkout report until just under a month after moving out. I was told by the agency that the report isn't really for the tenants but I said I couldn't argue my side without it so it was only then that they sent it.

Reading the TDS terms and conditions this was one of a few that the landlord and agency have broken - another one being that they just went ahead and got work done before I even had a chance to contest anything.

Do they still have a claim on my deposit considering they've basically side stepped the whole process?

Yes. Ofcourse they do.


None of what you've said invalidates a claim.

wayneooo

What is the point in having a contract if the landlord can break it?

Anyway, I have photos of the inside to prove it was not left in a state but they are asking for money to fix wall damage left behind after the upstairs neighbour (their freind) had scaffholding for the entire year I was at the property. There were no photos in either of the reports (check in / check out) nor did i take any

Comms69

wayneooo wrote: »

What is the point in having a contract if the landlord can break it? - I don't see how the landlord has broken any contract.

Anyway, I have photos of the inside to prove it was not left in a state but they are asking for money to fix wall damage left behind after the upstairs neighbour (their freind) had scaffholding for the entire year I was at the property. There were no photos in either of the reports (check in / check out) nor did i take any

You mean outside wall? That would be freeholder responsibility anyway.

wayneooo

> I don't see how the landlord has broken any contract

The Tencancy Deposit Service has conditions that must be met by both sides... The landlord has completely waived their side of the agreement and in doing that - limited my ability to defend myself against their frankly ridiculous claims. How is that fair?

parkrunner

Post #2 last sentence.

Comms69

wayneooo wrote: »

> I don't see how the landlord has broken any contract

The Tencancy Deposit Service has conditions that must be met by both sides... - uhm, I think you're misunderstanding the process. The TDS conditions are between the TDS and the LL, not you. The landlord has completely waived their side of the agreement and in doing that - limited my ability to defend myself against their frankly ridiculous claims. - they haven't at all. How is that fair?

Just to be absolutely clear.


1. There is no requirement for either a check in or a check out report.
2. There is no requirement for the LL to have any corrective work carried out to make a claim; therefore there is no negative connotation to be taken by a landlord having had work carried out.
3. Have you actually made a claim to the TDS?

AdrianC

wayneooo wrote: »

Do they still have a claim on my deposit considering they've basically side stepped the whole process?

They claim. You dispute the claim. Arbitration sorts it out. They have to be able to back their claim up with proper documentation.