Deposit dispute - Landlord cannot find signed Tenancy Agreement

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    Deposit dispute - Landlord cannot find signed Tenancy Agreement

    Hi,

    I have a query on deposit disputes when the Landlord cannot find the signed Tenancy Agreement.

    My tenant has never paid the last two weeks of rent and his deposit doesn’t cover the (fair!) dilapidation. He had a puppy (which was not allowed by the Tenancy Agreement) and his pet trashed the carpet, the sofa, the mattress. Etc… The tenant refuses to pay for the above despite trying to get to a mutual agreement. It has been going on for month now and he just ignores us.

    His deposit is registered with the Deposit Protection Service (still holding it) and I am sure that I would easily win the deposit dispute IF I could find that bloody signed Tenancy Agreement. Do you know what the legislation is in such situation?

    Regards,
    Annaliss

    #2
    Difficult to fight a case where there is no evidence of wrongdoing.

    I can't think of a specific piece of legislation allowing cases on the grounds of no proof. The deposit shouldn't be used to pay for fair dilapidation as it's FAIR. Without an inventory, at start and end of the tenancy, you have no reasonable grounds for withholding the deposit.

    Move on and invest in a filing cabinet.
    I may be a housing professional but my views, thoughts, opinions, advice, criticisms or otherwise on this board are mine and are not representative of my company, colleagues, managers. I am here as an independent human being who simply wants to learn new stuff, share ideas and interact with like minded people.

    Comment


      #3
      Thank you Darth Wookie.
      I forgot to mentioned that we DO have a check in and check out inventory reports prepared by a third party. Would it change anything according to you?

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        #4
        I assume the tenant has already left the property and therefore the termination of the tenancy is not in dispute.
        As you DO have a check in/out inventory, you probably have safer grounds for utilising the arbitration services of the DPS. It would help your case to have the tenants signature accepting both documents although the DPS will look at the 'balance of probability'. I had assumed (wrongly) that the lost tenancy agreement was attached to the inventory.
        Please keep us updated.
        I may be a housing professional but my views, thoughts, opinions, advice, criticisms or otherwise on this board are mine and are not representative of my company, colleagues, managers. I am here as an independent human being who simply wants to learn new stuff, share ideas and interact with like minded people.

        Comment


          #5
          I don't think the tenancy agreement is relevant. I have never known one that states that a tenant may have his pets trash the place.

          What is important is your inventory. I would not use the arbitration service. They are incompetent.
          Allow tenants to protect their own deposits. I want free money when they do it wrong

          Comment


            #6
            Exactly. If the carpet, the sofa, the mattress and the Etc have been damaged over and above what's expected by fair wear and tear, then provided your check-in inventory is good enough then you're sorted. It doesn't matter one jot whether the damage it was caused by the tenant, the tenant's friend, or his puppy.

            Similarly, the situation would be unchanged if your agreement actually said "I give permission for the tenant to keep a dog in the property" - it doesn't mean it's allowed to trash the place.

            Comment


              #7
              You had a check in by third party. Does that mean you had an agent find your tenant, prepare the agreement and do the check in? if so they will have a copy of the agreement on file (do you remember signing 3 copies?). Having just won a claim against the bond through the DPS myself I know that they ask both parties to supply a copy of the tenancy agreement, tenant will supply theirs so the adjudicator will have proof of tenancy details from that. It takes a while to complete the process during which there are 3 stages of the process (if I remember rightly) where an amicable solution can be reached before having to submit your evidence so you might find it is settled before having to do so. Personally I would go for it. The service is free, it will only cost about £7 to get a declaration signed by a solicitor, this document states that your evidence needs to be attached, send what you can, the dps will ask you to send any further evidence, if you have any, at a later date (just before it goes to the adjudicator). If all fails, it has cost you £7. This is my opinion based on my own recent experience.

              Comment

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