Deposit dispute

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    Deposit dispute

    My tenant is disputing the amount i am charging for
    clearing the garden of ivy and brambles, she hadn’t touched it for the whole years tenancy
    Broken kitchen tap- operating handle missing
    removal of shattaf fitted without permission which had leaked all over floor, under floor and stained kitchen ceiling
    walls needing painting where stained with blu tac
    missing grill pan
    the contractor charged me £450 for all work (including fitting a new toilet seat and cleaning carpets. I have not charged tenant for that.)
    she says she will only pay £100.
    Bearing in mind, I do not think the tap, overgrown garden ( in contract it says she was responsible to maintain) shattaf poorly fitted and subsequent damage and missing grill pan ( she has now found this and says she will return it) Could be expected wear and tear, I am not happy.
    1 I don’t think I ( through agent) can hold on to deposit while I fume about it!!
    2 what use is a deposit scheme if tenant says she won’t pay!
    3 I know there is a tribunal - is it worth the hassle?
    4 My nearest and dearest says I should state the minimum I am prepared to accept( I could knock off painting as it does look fresh although it was only painted a year ago). if tribunal idea doesn’t appeal I should consider small claims court.
    this all seems so much hassle and am tempted to put it down to experience but the principle of it irks me!!

    #2
    If the deposit is protected, either accept the £100, and it's finished, otherwise raise a claim via the deposit scheme and follow the process to arbitration. Did you perform a check out inventory as a starting inventory, in which case you most likely get the amount you are claiming and have stated.

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      #3
      For the sake of all other LLs go through arbitration and get your money. Make sure you supply good evidence of what you are claiming and why and hopefully you will get everything back. The tenant saying they will only pay £100 is neither here nor there.

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        #4
        The deposit scheme adjudication is less work and fuss than a small claims court claim.
        You both submit your side of the story and they make a decision.

        I doubt you'll get the full £450, because there's bound to be some allowance for wear and tear, and you'll never get much for a garden claim, but the rest sounds like damage to me.
        When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
        Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

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          #5
          annoys me when landlords leave ivy and brambles in the garden. dig the damn things out.

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            #6
            Have you tried removing the blu takc? You can usually remove marks by rolling blu tack over it.

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              #7
              Originally posted by royw View Post
              Have you tried removing the blu takc? You can usually remove marks by rolling blu tack over it.
              I find it leaves a greasy mark that requires stain stop to prevent bleeding through paint.

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                #8
                Originally posted by bobthebuilder2 View Post
                annoys me when landlords leave ivy and brambles in the garden. dig the damn things out.
                Do you think we plant them or that they become established whilst a property is rented out to tenants who ignore the garden?

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                  #9
                  You've got good evidence with inventory and photos, agreed by tenant, at tenancy start and then similar evidence at end? And photos of eg garden issues you describe?
                  I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

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                    #10
                    Originally posted by bobthebuilder2 View Post
                    annoys me when landlords leave ivy and brambles in the garden. dig the damn things out.
                    Ivy comes through from next door. Tenant had left it to grow all over path and steps. Brambles in privacy area with woodland trees. Tenant had allowed them to grow over steps and block path to bins. Contractor charged £84 for cut down and dispose of plus 2 large bins of weeds to tip.

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                      #11
                      Originally posted by royw View Post
                      Have you tried removing the blu takc? You can usually remove marks by rolling blu tack over it.
                      Thank you. Yes we did. ( I worked in a school so am expert blu tac remover!!) The paintwork - emulsion had a slight texture and the blu tac ( green tac) was stuck in the texture and had to be sanded and all repainted.

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