Pet smells and deposits and no check-in report

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  • xaviercat
    started a topic Pet smells and deposits and no check-in report

    Pet smells and deposits and no check-in report

    Hi Everyone,

    So after a long tenancy of eight years we managed to buy a home of our own - yippie! (No one but ourselves to blame if something breaks!) We took the decision to have the house professionally cleaned on departure and did our utmost to tidy up knowing full well that there were likely damages and dings around - it was eight years, after all, so we weren't assuming the moon and stars and perfectly returned deposit.

    This morning the landlords copied us into the check-out report, something we agreed to have done independently, for the sake of fairness. Strangely, I can't read the report (another matter) but what the landlord referred to was something I wasn't 100% shocked about - pet urine smells. What sort of shocked me was the claim that they were potentially so bad that the urine smell might have gone all the way into the floorboards. They want professional cleaning done - but I can see 'replacement' looming in the background.

    So, let's get down to the brass tacks - We don't have a check-in report. We don't believe the carpet, when we moved in eight years ago, was new. We were allowed pets and had (still have) said pets and we know full well we had to clean those carpets periodically as pets are pets. (Do we have carpet in our new home? No way! Pets!) The landlords appear to just be focusing on this, which is good to some level as they possibly could've gone to town on walls, garden, etc. so it's nice that we only have one issue. (Possibly due to the lack of check-in report.)

    Should I:
    - State we'll contribute something - a % based on how they never replaced the carpets during eight years?
    - Fight this entirely as there is a lack of check-in report?
    - Take the hit as this sort of thing doesn't do well in adjudication?

    It's important to note at this stage no quotes have been given - it looks in fact that the landlords are hoping the agency (which they decided not to continue with) will go fetch those quotes for them. I doubt as they aren't being paid they will do so. I don't actually intend to respond until an amount of money is put forward.

    One last thing, I saw in some 'form letters' for deposit return that once we send one out requesting said deposit the landlords have ten days to actually come back with real figures. If this runs on and on without a number being given could there be a default judgement in our favour?

    Thanks for your advice.





  • buzzard1994
    replied
    I really doubt that in this case there was an issue - the landlord was clearly trying it on. They have now got a more than fair settlement - because they were not entitled to anything..

    Leave a comment:


  • mariner
    replied
    IMO, pet urine penetrating floorboards is not accepted FW&T, but T damage, with implication for health of future Ts

    Leave a comment:


  • xaviercat
    replied
    Hi everyone,

    I'm pleased to say we've agreed terms and the deposit payout is complete. We wound up with the majority.

    This has been a very long and draining process. I want to thank everyone for their advice along the way.

    Leave a comment:


  • xaviercat
    replied
    Hi Everyone,

    So, here's what we did:
    - We listed out and clearly stated each point they were arguing
    - Under this we listed our work to remedy the situation, all of which they declined or did not respond to. This includes sending the cleaners back (offered almost immediately after the smell was detected) and offering ADR so as to pay whatever owed (or not) through having someone look unbiased at our position.

    We explained that by being technical neighbours that his situation was deeply unpleasant. And we finished that the sheer amount of time they spent in providing us any figure without any complete and reasonable level of documentation (read as: none) would not be seen as favourable should they decide to take us to court to recover their stated loss.

    We decided to make an offer of a very small sum to close everything up and walk away in gesture of good faith (again, being technical neighbours we realised being downright cruel would continue to strain an already strained relationship).

    To sum: We had a dog, he was old (he passed before Christmas this year... we miss him but he was with us a long time), we tried to do everything right, and it wasn't. Why they said no to all the offers made is beyond me but still...

    They finally wrote back stating that they realise this has gone on too long, they'll agree to 'whatever we deem right' - so we *might* have reached an end. I'll let you know.

    Leave a comment:


  • xaviercat
    replied
    It would be nice if there were a absent landlord procedure, but there doesn't appear to be one.

    Thank you all for the advice - I'll keep you updated.

    Leave a comment:


  • jpkeates
    replied
    Looks like the tenant has to raise a dispute if the landlord goes quiet.
    The landlord has an absent tenant procedure.
    Which is a bit unbalanced.

    Glad I don't use TDS.

    Leave a comment:


  • sam_cat
    replied
    Not familiar with them, but a quick dig gives us this:
    https://www.tenancydepositscheme.com...-a-dispute.pdf
    from here:
    https://www.tenancydepositscheme.com...and-forms.html

    It does sound like they dont do single claim.. So you may need to go the court route, not sure if MCOL or some such would do?

    Leave a comment:


  • xaviercat
    replied
    So it appears Single Claim no longer exists. It's ADR, agreeing settlement, courts, or so much time passing the deposit agency returns the money. I cannot modify or update and dispute and, at the moment, the deposit agency is not accepting phone calls. As I said we'd likely sit for a bit and think (not long, but a bit) I'll see this as a sign to walk away for a few. As such if anyone sees links for Single Claim that I'm not seeing with TDS (that's the group holding the deposit) please let me know!

    Leave a comment:


  • vandamme
    replied
    As a tenant, I did exactly this. On move out the LL notices a small chip in a laminate floor plank that was laid 12 months prior. He wanted hundreds (£350 I think his claim was) because in order to replace the plank the whole floor had to be lifted. He did provide quotes and ultimately a receipt that this was done.
    I argued that products were on the market and reviewed well, that would 'fill' the small hole (was made when I think I stood on a chair to replace a lightbulb and the chair leg pushed into the (not top of the range) flooring.

    I initiated the single claim process. It went to arbitration - all done over email/filling out online forms and attaching documents etc. While I couldn't show evidence of the floor damage (as I hadn't spotted it), I provided evidence of the meticulous cleaning and repainting I had done throughout the property. I argued that the damage must have been small enough for me not to notice otherwise I clearly would have filled it myself using one of the ~£10 to £15 products available (I provided links to the products)

    A few weeks later the decision came back. I paid £70 out of the deposit and the rest was returned. I was happy with that result.

    Just thought I'd share my experience in case its useful - good luck with your nightmare of an ex LL!

    Leave a comment:


  • jpkeates
    replied
    If the tenant makes a single claim, it forces the landlord to either let the deposit go or submit a claim via the protection company.
    It removes their option to do nothing or to make unacceptable offers offline.

    Either way it forces the issue to move on and breaks the impasse.

    Leave a comment:


  • boletus
    replied
    Originally posted by sam_cat View Post
    If they have refused ADR any judge will be unimpressed with them, which wont help their case.
    As Mariner pointed out, the claim would be for more than the deposit amount which ADR has no power to grant, so it would be perfectly reasonable for the landlord to pursue a court claim.

    Leave a comment:


  • sam_cat
    replied
    I believe you also can file a single claim.
    Pick up the phone to the deposit co (whichever one it is) and have a chat, they have been very helpful when I have done this in the past.
    Sounds like you have a cut and dry case from what we can see, make sure you have all your evidence collated in an easy to ready fashion just in case you need it.. No check in report and LL refusing your offer of getting the company back and refusing ADR makes this a no-brainer from my point of view.

    Leave a comment:


  • DPT57
    replied
    I understand that. Either party can use the single claim process. I think you should focus on that

    Leave a comment:


  • xaviercat
    replied
    Hi DPT57 - First, we are the tenant. We waited one month after departure from the property and requested ADR as the ex-LL provided no figures, documents, etc. They declined ADR stating they would provide us a number, which they did, five months later. The deposit is currently held with DPS pending us agreeing in writing, getting a court settlement, or no progression in the case for more than six months (not including waiting time for court dates).

    Based on this I don't believe the ex-LLs can file a Single Claim. I'll check, however, thank you.

    Leave a comment:

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