Landlord Claiming deposit through TDS and Money Claim Online

Dornoch1

A good mate is a professional LL and tells me he would only use such as TDS for the deposit and any extras would go through MCOL. He thinks claiming for the deposit through both would certainly be unethical if not illegal. He asks what if TDS awarded the LL the full deposit and then MCOL did the same?

tom9980

Dornoch1 wrote: »

A good mate is a professional LL and tells me he would only use such as TDS for the deposit and any extras would go through MCOL. He thinks claiming for the deposit through both would certainly be unethical if not illegal. He asks what if TDS awarded the LL the full deposit and then MCOL did the same?

It is not illegal to take someone to court and i doubt he is trying to claim the deposit twice, he likely included it in MCOL in case he lost arbitration with TDS which is his right. I am sure between the two sides and the judge this will be worked out should they somehow lose.

We are at the level of chinese whispers if your friends want help direct them here. Frankly it is too late if they are close to going to court, but if their defence is similar to the TDS one and mentions the lack of inventory, betterment and they counter with their own pictures or other evidence the Landlord may find it hard to win.

The landlord in this case sounds like a fool there are lots of people out there in life who believe they are right about something and sometimes they need a kick up the backside.

Dornoch1

i agree with your comments about the landlord - check in and check out documents are the basis of any tenancy. I also spotted there were no smoke or carbon monoxide alarms fitted despite it being a coal fired heating at the house.
I'll excuse my colleagues as they haven't been in too good a state of late with the wife having just about lost her life a year ago, suffering PTSD and becoming wheelchair bound as a result, as well as them having a toddler and hubby working. Thus, I've been helping out with various things including this matter.

m0bov

Might be worth logging the obsenities with the police to get a crime number to add to your defence.

[Deleted User]

Think the police have enough to be getting on with.

G_M

Dornoch1 wrote: »

.....The £2800 invoice was sent after tenants asked for the return of the deposit and includes the deposit. The seperate totals were £250 for cleaning, £1331 for damage and £1202 redecoration plus interest.

and is that what is on the MCOL claim?
No breakdown of the 'damage'?

I don't see the LL having much of a case. He'll have to present some evidence of all 3 elements, plus, as said, take betterment into account.

So to sum up,

* yes, he can take this to court.
* but his chance of wining is maybe 5% (no judge's ruling can ever be 100% anticipated!)

GDB2222

G_M wrote: »

and is that what is on the MCOL claim?
No breakdown of the 'damage'?

I don't see the LL having much of a case. He'll have to present some evidence of all 3 elements, plus, as said, take betterment into account.


So to sum up,

* yes, he can take this to court.
* no the case won't be dismissed
* no it's not contempt
* but his chance of wining is maybe 5% (no judge's ruling can ever be 100% anticipated!)

* no

It’s difficult to see how the LL can win without inventory evidence, but he may have evidence that the place was freshly decorated before the tenancy. If, say, the toddler has drawn on the walls, the LL may have evidence of that, and it would most definitely not be fair wear and tear. So, without more information you cannot say what the chance of success would be.

The TDS arbitration is not binding on the court.

TripleH

Agree with above, keep evidence of claim through deposit service.

Logging abusive calls received with police is a sensible idea. The police are unlikely to take action but that you have a reference is no bad thing, particularly if the landlord has done this before (I'd be surprised if they haven't).

If someone makes threatening calls and noone reports it then have they made the calls? If you make threatening calls once and they work, will you do it again or worse?

Dornoch1

Unfortunately for LL, her husband made abusive call to ex tenant's mobile whilst at the front door of ex tenants new property. Ex tenant (husband) at work so message with abuse was recorded. LL's husband then went to the back of the ex tenants new home and tried to climb over the gate to gain entry. Ex tenants's wife was at home with toddler. She panicked and called 999 for Police who duly arrived.
Later that day LL's husband tried same thing again. Police were called and were present when he was later hammering on the front door demanding his £560. Crime number duly recorded for harrassment. LL's husband warned re continuing to call at ex tenants new home plus phone calls.
LL says she called the police a day later to record a complaint of criminal damage against ex tenants. (Not the same police division).The police have never proceeded with that complaint and have not spoken to ex tenants about it.
LL has submitted no evidence of the condition of the property before the tenancy. It was for sale for quite a while before being offered for rent and lay empty for many months.
Tenants moved into the property in a rush as they had been flooded out of their previous home, had a seven week old child plus pet cats. LL was happy to take them as tenants.
Tenancy agreement is a joke - simply an unamended home printout of the online model. A few pages have been completed in ballpoint pen, like an emergency contact number for the LL, but they amount to about 4 in total.
The inventory on page 44(a) reads as follows "Dining room. Curtains, blinds, light fittings (shades) x 2. Living room. curtains, light fittings, shelf." and so it goes on in the same vein. No mention of condition, cleanliness etc. It is not signed nor is it dated. Just handed to tenants weeks after moving in. Hence TDS dismissed the LL's claim commenting about the lack of written, comprehensive and contemporaneous check in and check out reports.
Neighbour wrote in a letter to TDS that the property was as clean when ex tenant moved out, if not cleaner than when they moved in. Neighbour also noted that the decor, fixtures and fittings in the property were old and a bit tatty when ex tenants moved in and that decor etc. was as good if not better when they moved out.
LL now tries to claim new for old with £37.50 per roll of wallpaper, (B&Q offer the same wallpaper at £4 a roll), and £33 per set of blinds which are currently £10 at Argos. LL's "Invoice number #01" also quotes either £10 or £20 per hour for their own labour. No quotes or estimates from professionals to go with it.
Therefore I agree with betterment being at least the case.
Having looked a bit closer at the law, the invoice and claim to me, is close to falling under fraud legislation.