Tenants disputing claims against the despoit

a4007035

Hi all,

I have a property that I rent out. The property is managed by a Managing Agent. The deposit is registered with the TDS

The existing tenants have just moved out. However, the property has not been left in the condition that it was initially rented:
1. Water damage - The tenant used to wash the floor without wringing the mop and used to pour the water on the main bathroom floor. As a result, there was water damage that had been sustained to the downstairs walls and ceilings. The Estate Agent repeatedly advised the tenant how to use the mop properly. The tenant reported a leak but we sent a contractor round who advised there was no leak coming from the bath, shower, toilet or sink. It needs re-paiting and filling in some areas. 

2. The bathroom floor is heavily damaged and needs to replacing. Tiles are missing. New floor is required. 

3. The property needs a deep professional clean. There is mould in the property on walls, sealant, etc. This largely caused by the tenant not ventilating the property correctly. Clean required

4. There is a long list of fixes that need to be done by a handyman. Small fixes need to be undertaken. 

The cost of the above will be more than the deposit. 

The Managing Agent advised the tenant that they would not be returning the deposit back. 

The tenant has disputed this and wants to take it to the TDS. 

The Managing Agent has advised that the TDS could rule in their favour as they tend to side with the tenant based on their experience. They have asked whether I want to make a counter offer. 

Just looking for advice on here on how I should proceed?

Thanks in advance. 

BarelySentientAI

How long were the tenants in, how old were the various things that are now needing fixing/replacing when they moved in, and how many of these "small fixes" are actually just general maintenance that you would need to do anyway?

What the TDS are sharp on is the 'accidental' betterment that used to go on a lot - claiming from a deposit for 15 year old carpets, 40 year old fittings etc.  Things that don't actually have any residual value.

BonaDea

Take lots of photos before the cleaning/fixes are done, get the various handyman bits done and have the invoices showing full details itemised, make sure you're not claiming for what could reasonably be seen as wear and tear, have both inventories properly annotated to hand

anselld

The fact that the managing agent feels that TDS tend to side with the tenant indicates more about the competency of the agent than the TDS.  If there is adequately described inventories for checkin and checkout and reasonable estimates for damage repairs excluding fair wear and tear then there is no reason for TDS to side with the tenant.  I am not sure I would trust the agent to manage the TDS process given their lax attitude.

You also have the alternative, if you are confident of the costs and given they exceed the deposit, to take the matter to Court rather than allow TDS to deal with it.

njkmr

A decent agent should be able to put a case together for not returning the deposit.
You will need receipts for anything rectified to show accurate costs.
They provide this to the TDS and they make the judgement.
It should not be difficult to prove neglect of property so long as you can prove it was A1 when they moved in.
Make sure all your paperwork is in order though. Certificates etc.
It can take a few months to get the adjudication.

a4007035

Thanks all for the quick responses. 

The agent has done a pre and a post inspection report, noting all the issues and differences between pre and post. 

The main issue is the damage caused by the excessive water from cleaning. This has caused staining to the walls which need repainting. 

There are also tiles that missing from the bathroom floor. I'm going to replace the bathroom floor. I could understand if these costs were not covered by the deposit. 

The carpets were only installed in 2019 and look filthy from the photos. There is a lot of mould distributed around the property, all of which needs cleaning. 

There is a mattress (bought in 2014) that has stains all over it and needs chucking out and replacing. 

I'm getting quotes for everything as well as invoices/proof of payment. 

JGB1955

a4007035 said:

Thanks all for the quick responses. 


There is a mattress (bought in 2014) that has stains all over it and needs chucking out and replacing. 

Mattresses need replacing every 7 to 10 years, so don't think that claim will go very far.

Mr.Generous

JGB1955 said:

a4007035 said:

Thanks all for the quick responses. 


There is a mattress (bought in 2014) that has stains all over it and needs chucking out and replacing. 

Mattresses need replacing every 7 to 10 years, so don't think that claim will go very far.

Nobody is going to be happy renting anywhere with a ten year old stained mattress - replace it!!

BarelySentientAI

a4007035 said:

There is a mattress (bought in 2014) that has stains all over it and needs chucking out and replacing. 

Ten year old mattress - unlikely to get anything.  TDS says they usually last 8 years.

a4007035 said:

The carpets were only installed in 2019 and look filthy from the photos. There is a lot of mould distributed around the property, all of which needs cleaning. 

Depends on the quality of the carpets, life expectation is anywhere from 2 to 15 years.  If at the low end, unlikely to get anything for replacement, at the high end you probably would.

a4007035 said:

The main issue is the damage caused by the excessive water from cleaning. This has caused staining to the walls which need repainting. 

Painting walls is general maintenance that many landlords would do between tenancies anyway.  You might get some contribution, you might not.  TDS says decoration lasts 3 to 5 years.

You might find these two documents useful:

https://www.tenancydepositscheme.com/wp-content/uploads/2024/01/A-Guide-to-product-lifespans.pdf

https://www.tenancydepositscheme.com/wp-content/uploads/2021/04/How_TDS_approaches_disputes_involving_redecoration.pdf

Grumpy_chap

a4007035 said:

Hi all,

I have a property that I rent out. The property is managed by a Managing Agent. The deposit is registered with the TDS

The existing tenants have just moved out. However, the property has not been left in the condition that it was initially rented:
1. Water damage - The tenant used to wash the floor without wringing the mop and used to pour the water on the main bathroom floor. As a result, there was water damage that had been sustained to the downstairs walls and ceilings. The Estate Agent repeatedly advised the tenant how to use the mop properly. The tenant reported a leak but we sent a contractor round who advised there was no leak coming from the bath, shower, toilet or sink. It needs re-paiting and filling in some areas. 

2. The bathroom floor is heavily damaged and needs to replacing. Tiles are missing. New floor is required. 

3. The property needs a deep professional clean. There is mould in the property on walls, sealant, etc. This largely caused by the tenant not ventilating the property correctly. Clean required

4. There is a long list of fixes that need to be done by a handyman. Small fixes need to be undertaken. 

The cost of the above will be more than the deposit. 

The Managing Agent advised the tenant that they would not be returning the deposit back. 

The tenant has disputed this and wants to take it to the TDS. 

The Managing Agent has advised that the TDS could rule in their favour as they tend to side with the tenant based on their experience. They have asked whether I want to make a counter offer. 

Just looking for advice on here on how I should proceed?

Thanks in advance. 

You answered most of the questions that others asked apart from how long the tenants had been in the property.

I'd add to that line of thought - did the Ts pay the rent in full every month and on time?
Was the rent at, or near, market rent for the property, location, condition?

In any claim, you cannot get betterment, but only recovery of the loss.  So, if an item might be expected to have a 10 year life span and the item is 8 year old, the loss is 2 years from 10, so 20% of the replacement value not the full replacement value.

You mention a 10 year old mattress - so that needs throwing out and replacing regardless of any stains as the mattress is beyond life span.  No cost to you that can be claimed against the T.

As LL, you need to be very fair in how you calculate damages that you seek to recover.  Failure to do so would tend to result in the TDS "siding with the tenant" as you put it.

Have you considered renting as unfurnished?  That would reduce the amount you now need to replace and reduce the amount that future T's can damage.  Furnished does not always generate a better income rate.

The following links give some guidance as to how long you might reasonably expect the lifespan of items to be:
https://www.tenancydepositscheme.com/wp-content/uploads/2024/01/A-Guide-to-product-lifespans.pdf

You will see from that the lifespans might be less than you envisage.  The carpets laid in 2019 may already be towards the end of their life.

theartfullodger

Tenants have every right to dispute deductions from deposit.  Under the deposit protection brought in by parliament: Twice: 2nd time to give poor downtrodden landlords double the time to handle a wee bit of admin. Laws brought in after decades ( decades) of landlords ripping tenants off.

So simply follow the dispute process: 

Artful: Landlord for 20+ years.