Claiming From Estate Agent due to Incorrect TDS Claim?

SteveVy

Hi Folks,

I hope you can help me , I am very annoyed at the minute.

I rented out a fully refurbished 2 bedroom property last year to two "professional tenant"s who Haarts recommended to me, I was told these two tenants were doctors and have rented with Haarts for over 5 years with no issues.

Within months of the tenants moving in the issues began.....I wasn't able to evict them as Haarts told me due to Covid we would have to wait...

Before the property was put on the market I spent £7,500 on a new kitchen, new bathroom, new flooring for the property and I had the property fully redecorated.

Issue 1

It started with the shower leaking through to the kitchen ceiling...I had someone come out three times to rectify this by re-sealing the shower tray as this was what the plumber believed was the source of the issue.  It turned out the tenants were showering their kids with the shower door open which led to water going all over the bathroom floor. This water then leaked through the floor causing the kitchen ceiling to leak.

Issue 2

The next issue we had was the shower ceiling was pitch black due to mold when I asked them about this, they told me 'In the UAE we never open our windows so we don't need to here", I took photos and showed Haarts this was a breach of their contract which clearly stated in black and white 'Tenants must ensure property has adequate ventilation to stop build up of mold' . Haarts advised when the tenants move out we can claim the deposit and get your property sorted.

Issue 3

Tenants advised the boiler wasn't working I told them they need to set the timer and it would work, I provided them with instructions  which they didn't bother to read. Haarts constantly rang me / threatening me that I would need to send someone out to 'fix the boiler' or I would face an £175 call out charge if they sent someone. I reluctantly sent someone who charged me £65 just to turn on the boiler!! As you can imagine I was fuming but Haarts didn't help

Issue 4

When I finally got the property back every single wall in the property was scuffed / heavily marked . I had a full inventory completed by Haarts before the tenants moved in which I was charged £250 for. This inventory contains photos and all the evidence required to show the property was 'in new' condition when the tenants moved in.

Haarts advised they thought the property was handed back in 'good condition with general wear and tear' I was pretty shocked! I had a few other estate agents come out and look at the property and they agreed this was not 'general wear and tear for 12 months'. I looked at the TDS (Tenancy Deposit Scheme) website and it provided numerous examples of a how to claim for a property that has had cosmetic damage.

I took my own photos of all the damage and obtained quotes to repair all the damage.

I advised Haarts to open a claim for the following;

1) Mold in Bathroom Ceiling

2) Misuse of Shower which led to damage of bathroom floor and kitchen ceiling

3) Scuffs / Heavily marked walls and ceilings throughout the property

The claim was opened in October 2021, I have been chasing Haarts since Nov 2021 for an update and was constantly told 'the claim is being processed'. Today I rang the TDS who told me the claim was shut within 3 days of being opened and I have lost, and the tenants have been given their deposit back in full.

If I am able to obtain the TDS report Haarts completed and I find its not completed correctly or contains sufficient evidence am I able to counter claim from Haarts?

I would also like to add I've had the worst possible service from Haarts Harborne you can imagine, they never answer their phones and they never get back to your emails!

I will supply photos of the damage shortly...

Doozergirl

£7,500 on a new kitchen, bathroom, flooring and decorating for a house in Harborne? 

Photos would be great. 

SteveVy

The house isn't in harborne it's actually in Nechells

K_S

@stevevy In your place, the first thing I would consider doing is using the formal complaints process in place and then take it to the TPO (The Property Ombudsman or the Property Redress Scheme).

SteveVy

A few images of the damage / scuffs

SteveVy

Mold in Shower Room

SteveVy

Scuffs / Wall Marks

Nearly all the walls in the property are like this...its as if someone has tried to use an eraser / rubber to remove the marks...

Doozergirl

SteveVy said:

Mold in Shower Room

What sits above that ceiling? 

Do you have a humidity sensing extractor fan that comes on with the light?  Opening windows is in no way enough to stop that from happening.  No one should have to open windows to prevent mould, but to see mould to that extent, there is an issue with the building fabric - either a lack of insulation above that area and/or and lack of background and/or mechanical ventilation which might be compounded by overcrowding.  

That mould is definitely your issue to fix.  

There is no bath in the property?    If that is the case, it isn't an appropriate family home and you should consider who you rent it to next time.  Showering kids with the door open does make sense if they have no choice.  

Looking at the other photos, my own opinion is that doesn't look excessive for a family with small children, especially when you consider periods of lockdown.  Just moving in and out causes marks on walls.  The hope is to keep tenants for as long as possible but I would expect some redecoration between tenants as a matter of course.  

You're letting a small property in Nechells to a family.   We're not in Kansas (Harborne) anymore, Toto.

powerful_Rogue

Revolting.

Just goes to show, those that don't want to rent to people on benefits, professionals aren't much better!

AFF8879

SteveVy said:

Scuffs / Wall Marks

Nearly all the walls in the property are like this...its as if someone has tried to use an eraser / rubber to remove the marks...

What is that plug with a wire going into the wall?

SteveVy

Doozergirl said:

SteveVy said:

Mold in Shower Room

What sits above that ceiling? 

Do you have a humidity sensing extractor fan that comes on with the light?  Opening windows is in no way enough to stop that from happening.  No one should have to open windows to prevent mould, but to see mould to that extent, there is an issue with the building fabric - either a lack of insulation above that area and/or and lack of background and/or mechanical ventilation which might be compounded by overcrowding.  

That mould is definitely your issue to fix.  

There is no bath in the property?    If that is the case, it isn't an appropriate family home and you should consider who you rent it to next time.  Showering kids with the door open does make sense if they have no choice.  

Looking at the other photos, my own opinion is that doesn't look excessive for a family with small children, especially when you consider periods of lockdown.  Just moving in and out causes marks on walls.  The hope is to keep tenants for as long as possible but I would expect some redecoration between tenants as a matter of course.  

You're letting a small property in Nechells to a family.   We're not in Kansas (Harborne) anymore, Toto.

Just to clarify the windows of the property were never opened by the tenants, the extractor fan has a 15 minute timer to remain on when the light is turned on. There is no issue with the ceiling, I previously lived in the property and never had issue with mold...

In regards to the bath, I can confirm there is only a shower and no bath. The tenants would of obviously seen this when they viewed the property...