Help for dispute with tenants over deposit

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    Help for dispute with tenants over deposit

    Hi
    Hope someone can help, please. Nearly 8 weeks ago our tenants moved out, since then I (through letting agent - big, well-known) have been trying to get things sorted out and some deposit returned to us for un-reported problems during tenancy and for things highlighted in the check-out report. This unfortunately is clouded by the fact that the lettings agency missed several problems and did not note them during their 6 monthly check: ie leak in kitchen so wallpaper coming off walls and brown stains on ceiling; broken toilet seat; broken fences in garden, leaking overflow.
    Basically problems we are trying to get compensation for are (amongst others which have been agreed):
    Toilet seat broken, but replaced with cheaper version which doesn't fit (is falling off)
    Unreported broken garden fences (now need to be replaced not repaired)
    Unreported leaking tap (causing discolouration to sink)(mentioned in check out report)
    Dirty toilet (mentioned in check out report)
    Dirty carpet (mentioned in check out report)

    I've tried really hard to get good competitive (3 lots) of quotes on things (redecoration of a room where wallpaper was removed without agreement), and added things in together (refit loo seat/remove screws) to keep costs down, and tried to do everything as a minimum charge but we're still £100 short of our total outgoings. I've said will go to TDS now, but agent is telling me no, we have a good result here on whats been offered, TDS always finds in favour of tenants in majority of cases, and despite things being noted in the check out report it doesn't necessarily follow that TDS will agree. That TDS tends to go on side of tenants.
    Does anyone have experience of TDS disputes, having looked at their website it looks 50/50 to me, I just think letting agency want this sorted asap (as we're after compensation from them for the so called 6 monthly reports, amongst other things)
    Also the tenants have been really slow to respond to my itemised lists, they just say a figure and the letting agents aren't supplying a breakdown either on what they're accepting as costs.
    MTIA for any advice

    #2
    Originally posted by tazzie View Post
    I've said will go to TDS now, but agent is telling me no, we have a good result here on whats been offered, TDS always finds in favour of tenants in majority of cases, and despite things being noted in the check out report it doesn't necessarily follow that TDS will agree. That TDS tends to go on side of tenants.
    Does anyone have experience of TDS disputes, having looked at their website it looks 50/50 to me, I just think letting agency want this sorted asap (as we're after compensation from them for the so called 6 monthly reports, amongst other things)
    See this link for an insight into how deposit scheme adjudicators approach LL claims for deductions. Note that adjudication is not compulsory; you are more likely to get a fair result if you claim against T via the county court (assuming you also have a check-in inventory). The six-month check by the agent is irrelevant - you only have to prove original good condition at start of tenancy, and damage/cost of repairing damage at end of tenancy.

    http://www.propertyhawk.co.uk/index....agazine&id=411

    Having said that, you say you are "£100 short" - if by this you mean that T is offering £100 less than your actual costs to settle, then if the total cost of repairs is £400-500 plus, I would consider taking your agent's advice and accepting the offer. Very few disputes of this nature end up with LL being awarded 100% of what is claimed, so 70-80% is a good result - things aren't always black and white, especially when fair wear and tear is factored in.

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