Claiming From Estate Agent due to Incorrect TDS Claim?

SteveVy

AFF8879 said:

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?

The plug is for an outdoor PIR Floodlight...I didn't have this installed it came with the property.

Doozergirl

SteveVy said:

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...

How many of you lived there before? 

They would have seen it, of course, but bear in mind that people will want to rent what they feel they can afford.   You can make decisions of what is a sensible tenant based on common sense.  A property that is only big enough to have a small shower room is not appropriate accommodation for what sounds like a family of at least four people.  It is going to take a pounding commensurate with the number of people and the space available.  

The kids are clearly very small by their little handprints on the wall - they may not be able to reach the handrail, but even if they could, there isn't one.   If you need steadying, you'd have to steady yourself on the wall - the house should have a handrail, it has been in the regulations for a very long time.  

RelievedSheff

I can see why you are unhappy. I certainly wouldn't be happy to have my property handed back in that condition either.

Thankfully the majority can be sorted out with a quick lick of paint.

The mould might take longer to sort out but if the cause genuinely is just that they never opened the window then it shouldn't be expensive to rectify. 

I would perhaps upgrade the extractor fan to a humidity sensing one before renting the property out again to stop this happening again.

I would certainly be complaining to the agents and terminating the contract with them if possible.

onylon

The odd scuff is wear and tear, this is just callous disregard for the property. I bet they wouldn't treat their own house that way. 

Really hope that your EA does the right thing and covers some of the costs. Can you take it to the ombudsman?

Snookie12cat

TDS cases are raised and then each side has like 2 weeks to form a response and then TDS mediate on it. I would firstly as Haart if they responded to the TDS case and ask for a copy of the claim, their response and TDS outcome email. That will form your basis for a complaint, as you can see just how well they argued it and what evidence if any was supplied and how it was decided on by the TDS agent. 

TBagpuss

You may want to redact your question to take out the name of the agents.

Then - look at the contract you have with them and at their complaints process.

It sounds as though your key complaint is that they failed to follow your instructions with regard to the boiler, that they failed to carry out the checkout inventory to a professional and satisfactory standard and that they failed to follow your instructions in relation to the deposit claim.

My guess is that step one would be to write a formal letter of complaint, detailing your issues and what you want as a resolution (presumably for them to reimburse you the deposit, or as much of it as you believe you could have recovered) to put you back in the position you would have been in if they had done their job.

lookstraightahead

I've never seen mould like that. Presumably your upstairs windows are safe and don't open very much if there are children about, so maybe windows wouldn't make that much difference.

Surely it can just be sorted out if it's just from the shower - a few quid?

SteveVy

lookstraightahead said:

I've never seen mould like that. Presumably your upstairs windows are safe and don't open very much if there are children about, so maybe windows wouldn't make that much difference.

Surely it can just be sorted out if it's just from the shower - a few quid?

yes the upstairs windows are safe and don't open fully.

canaldumidi

You may have a case against the agents if they failed tofollow your instructions and/or acted against your interests.

Step 1 is to gather all documentary evidence.

2) look upand follow their complaints procedure, submitting the facts and evidence, and asking for the compensation you believe you deserve

3) escalate either to the relevant ombudsman (there are two), or through the small claims court

See also

Post 9: Letting agents: how should a landlord select or sack?

michael1234

Ventilation in bathrooms is one of the building regulations and as those pictures show is important. Above the ceiling is presumable a cold loft with little or minimal insulation. In simple terms it needs a fan of the required power and ducting size.
Are young children expected to shower with a window open in winter? In fact, are they expected to shower at all? They need a bath.

The scuffs on the walls are to be expected with a family and a landlord would normally keep paint samples particularly if it had been renovated recently.

As for £7.5K for all that work - I mean really ?