Claiming From Estate Agent due to Incorrect TDS Claim?

canaldumidi

SteveVy said:

.

It looks like someone has 'cocked-up' and not submitted the claim to the TDS correctly but even worse not responded to the claims for more evidence.

Do you think I am within my rights to ask the estate agents to refund me the deposit from their account?

I have been paying approx £90 a month for 'property management' which has been questionable!

You may have a case against the agents since they appear to have failed to follow your instructions and/or acted against your interests.

Step 1 is to gather all documentary evidence.

2) look up and 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

SteveVy

I can also confirm the fan in the bathroom was fully working, we had a plumber come out to take a look at the leak and when he saw the mould he immediately checked to see if the fan was functioning which it was.

As part of the tenants contract is clearly states

"You will ensure that all rooms are properly ventilated and heated to prevent condensation and mould growth."

it is clear from speaking to the tenants and the mould that clause in the contract was breached.

Shaztastic3000

Bloody doctors!

Snookie12cat

SteveVy said:

Folks in regards to the original thread the estate agents have finally sent me a copy of the TDS Report which says

"On 18 September 2021 TDS invited the agent/landlord to set out the basis of their claim against the tenant’s deposit and to provide evidence to support that claim by 14 October 2021. We wrote again to the agent/landlord on 10 October 2021 to remind them that we had not received any evidence from them before adjudication."

It then goes on to say as no evidence was received from the agent/landlord, we have therefore awarded the claim in the tenants favor!

As you can imagine I am quite annoyed as;

1) I paid extra to have a check-in inspection report created with photos etc

2) I paid extra to have a check-out inspection report created with photos etc.

3) I visited the property and took my own photos and shared these with the agents

4) I shared several quotes with the estate agents for having all the work repaired.

I was assured by the estate agent all of the above would be shared with the TDS for the claim.

It looks like someone has 'cocked-up' and not submitted the claim to the TDS correctly but even worse not responded to the claims for more evidence.

Do you think I am within my rights to ask the estate agents to refund me the deposit from their account?

I have been paying approx £90 a month for 'property management' which has been questionable!

You are 100% in your rights to make a formal complaint based on this. A fully managed service should include this and clearly they have failed at this. They should be compensating you for the items you wished to claim for.  I would argue for a refund of the check out fee also as clearly it was worthless to you having it done.

The agent might say you wouldnt have got what you wanted at TDS, but you will never know now, so hammer it home that you want them to rectify the issues or pay you compensation to cover it. 

Marvel1

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.  

dehumidifier

That mould is definitely your issue to fix.  

Have to agree, I have no window or extractor fan - I have a dehumidifier and I don't have this!

MobileSaver

SteveVy said:

I was told these two tenants were doctors

powerful_Rogue said:

Revolting. Just goes to show ... professionals aren't much better!

A friend of mine has been letting out properties for years; he let one out to a doctor for twelve months and was appalled at the state of the house at the end of the tenancy... absolutely filthy.

Clearly there's a disconnect between our perception of doctors in their pristine white coats and the reality of how some of them actually live their lives.

SteveVy

Hi Folks,

I know its been a while just to update you, the estate agents can not provide me with any evidence they submitted a TDS Claim!!

I have spoken to the TDS directly who have no evidence a claim was even made...hence the tenants automatically getting their full deposit back.

I have been fighting this for the last few months and I have been going through their official complaints procedure and we have now reached a stalemate.

They are claiming with all the evidence I have I would only be awarded £100 back. I disagree and I have provided them with official guidance from the TDS that advises how much I should be entitled to...

I am now looking to take my complaint to The Property Ombudsman (TPO).

Will continue to update this thread

canaldumidi

Good luck. Keep us updated.

SteveVy

Just to update you I submitted my claim to the TPO a few weeks ago. I am very confident I will win the case as I've got lots of evidence showing the estate agent made a mistake that cost me money.

The TPO advised cases can take up to 6 months to review.

SteveVy

Just to update you on this, I won the TPO case however they only awarded me £350! despite all the evidence they felt £350 was an appropriate amount. I do not have the time or effort to take this any further as it will involve hiring a solicitor.