Have any landlords had to go through dispute resolution regarding a tenants deposit?

Gettingtherequickly

And if so, what was your experience?

Our tenants have to all intents and purpose thrashed the flat and the cost of the repairs will be about 3-4 times the value of the deposit held, which they have rejected as their liability.  They even rejected our claim for cleaning, there was literally no attempt to do so, as apparently it is the landlord responsibilty to clean, despite everything they signed saying that it is the tenants responsibility, that will give you an idea of how things are!

Anyway, I have collated everything to send over to dispute resolution, but would appreciate it if anyone could let me know how much evidence, while understanding we only get one opportunity for submission, could be sufficient, or whether too much could be detrimental.  The checkout report indicates that the tenant is liable for everything that we are claiming for, so we know that we have a very strong case.

Are the adjudicators likely to favour the tenant in a particular aspect or do they make decisions rejecting a tenant claim in full?  We have a number of flats and this is the first time that we have ever, not only had an issue with the tenants but also had to go to resolution service, so a strange experience.

laurey0301

As long as you have a check in report stating the cleanliness and condition, and then a check out report showing the difference you should be fine. Sadly as a property manager I find they are more in favour of tenants, however, as long as you have clear evidence I wouldn't worry.
I would send over the check in and out reports. Invoice for cleaning, same with any other deductions you are proposing, invoices or quotes for works.
How long did they live there for?

Falafels

Around ten years ago I had tenants who had caused damage to the property, and there was a dispute as to the amount to be deducted from their deposit. I made an offer to them, which they declined before entering into dispute resolution.

The adjudicators actually awarded me MORE than I'd have been prepared to accept (which must have really ****** them off!) Their assessments of the damage were fair. They also made the comment that the whole tone of the tenants' correspondence sounded unnecessarily aggressive and intimidating.

So my advice to you would be to stay completely factual, submit indisputable evidence - photos, quotes for repair along with the relevant parts of the Tenancy Agreement etc - and make sure that you present yourself as reasonable and willing to meet the tenants halfway. Familiarise yourself with what counts as 'fair wear and tear' and don't overstate your case.

Don't feel intimidated by the adjudicators; they are really just there to ensure fairness - and some of the posts on here clearly show how many landlords have unreasonable expectations.

Good luck!

PRAISETHESUN

I agree that as long as you have evidence to back up your claims you should be okay. As Falafels says, make sure you're not claiming betterment, and allow for a certain amount of fair wear and tear for the period the tenants have been in the property.

I suspect anything in excess of the deposit you'll need to go to court to claim, but start by getting the deposit sorted and go from there.

chanz4

cleaning as long as you dont state professional clean

K_S

Gettingtherequickly said:

And if so, what was your experience?

Our tenants have to all intents and purpose thrashed the flat and the cost of the repairs will be about 3-4 times the value of the deposit held, which they have rejected as their liability.  They even rejected our claim for cleaning, there was literally no attempt to do so, as apparently it is the landlord responsibilty to clean, despite everything they signed saying that it is the tenants responsibility, that will give you an idea of how things are!

Anyway, I have collated everything to send over to dispute resolution, but would appreciate it if anyone could let me know how much evidence, while understanding we only get one opportunity for submission, could be sufficient, or whether too much could be detrimental.  The checkout report indicates that the tenant is liable for everything that we are claiming for, so we know that we have a very strong case.

Are the adjudicators likely to favour the tenant in a particular aspect or do they make decisions rejecting a tenant claim in full?  We have a number of flats and this is the first time that we have ever, not only had an issue with the tenants but also had to go to resolution service, so a strange experience.

@gettingtherequickly Have historic experience as a tenant, I've found them to be fair. Not had to use them yet as an LL.

It may be worth reading up on a few case studies here to get a feel for how a claim is judged and what you can realistically expect to get at the end of the process.
https://www.tenancydepositscheme.com/learn-more/information-tds-lounge/case-studies/

canaldumidi

Gettingtherequickly said:

..
Our tenants have to all intents and purpose thrashed the flat and the cost of the repairs will be about 3-4 times the value of the deposit held, which they have rejected as their liability.  .....

Would it not be better to decline to use the adjudicators and use the Small Claims track of the county court?

you could then claim the full amount rather than just the amount of the deposit.

This of course assumes you have genuine evidence and costings for your claim, though that's the same if using the scheme adjudicators.

Gettingtherequickly

Thanks for your comments. I am going to send over the check in & check out reports, the copious amounts of photos, including before & after photos taken by the cleaning company and the emails relevant to the work we did during their tenancy, which also shows their bullying attitude towards getting their own way.

theartfullodger

Gettingtherequickly said:

Have any landlords had to go through dispute resolution regarding a tenants deposit?

Yes, quite a few landlords have chosen to (not "had to" ) use the dispute process.

SiliconChip

canaldumidi said:

Gettingtherequickly said:

..
Our tenants have to all intents and purpose thrashed the flat and the cost of the repairs will be about 3-4 times the value of the deposit held, which they have rejected as their liability.  .....

Would it not be better to decline to use the adjudicators and use the Small Claims track of the county court?

you could then claim the full amount rather than just the amount of the deposit.

This of course assumes you have genuine evidence and costings for your claim, though that's the same if using the scheme adjudicators.

While that might be the optimum financial solution it requires the OP to have an address for the tenants (who I assume have now left the property), could take months or even years for a judgment to be issued, and would then rely either on the tenants paying up or on bailiffs being able to locate funds to cover the amount of the award (or of course the court may make the award payable over a long period at a very low rate). The advantage of claiming the deposit is that the scheme will pay it out if they agree and the OP will then have that amount relatively quickly and with little bother.

hazyjo

Gettingtherequickly said:

Thanks for your comments. I am going to send over the check in & check out reports, the copious amounts of photos, including before & after photos taken by the cleaning company and the emails relevant to the work we did during their tenancy, which also shows their bullying attitude towards getting their own way.

Is that work relevant? As above, keep it factual, simple, and take the emotion out of it.