To say that the TDS are a disgrace

[DilemmaDame]

I moved out of my rental house in February and after not having heard from my landlord for a week I chased him about the return of my deposit. He sent me a copy of the check out inventory and the check in inventory and said he was considering the 'recommendations' in it and getting quotes.

I bought a flat with my boyfriend in February (great fucking timing!) and told him I really needed the money back asap.

He sent me a list of things the inventory said I was responsible for (I don't agree, I think they are wear and tear) and returned 375 i.e. 75% of my deposit to me on a "conditional basis" and said he would be in touch when he had obtained more quotes. He said it was difficult getting tradesmen in for quotes because of COVID. Right ok, whatever.

He then came back a month later saying actually I owed him 800, basically 50% of my deposit!

I was completely raging and told him that I disagreed and threatened to take him to the TDS. After many painful emails back and forth he refused to budge and so I filed a claim with the TDS for the 375.

The landlord then declined to participate in the TDS process (I didn't even know they could do this!) on the basis that he felt he was entitled to more than 375 and was "not willing to participate in a final and binding TDS process where the adjudicator does not have the power to award me the full amount to which I feel I am entitled" and basically tells me to go to court!

I call the TDS and they say there is nothing they can do!

The landlord has now emailed me saying he has been issued with a demand by the TDS for the 375 and that once that is paid in, either I will have to take him to court or he will have to take me to court, because the TDS won't release the money to either of us without a court order! His email says "in the event that litigation is required please note that I will be claiming the full deductions under the deposit, which for the avoidance of doubt includes the amounts which were returned to you on a conditional basis, together with interest and costs".

I just want out now but I called the TDS yesterday and they have said that because a dispute is on foot I cannot withdraw my case :( So now I either need to sue him or be sued! Thanks a fucking lot TDS!

I'm fucked aren't i? :(

I didn't = I do

Bloody autocorrect!!!

I'm sorry for my confusing posts.

My deposit was 1500
He returned 1125 on a conditional basis pending the quotes for parts and labour
He retained 375

When the quotes for parts and labour came through they were for a bit over 800. (I don't agree with the quotes, I think they are excessive). I asked when I was getting my 375 back and the LL said I wouldn't be as he was owed much more than 375 and that's how it all started. So I went to TDS and now they are saying that I can't withdraw the dispute and are, in effect, forcing me into litigation. Bastards.

@Mnthrowaway20202, LL is claiming for a missing cooker knob, a missing door handle, a stain on the ceiling (I have no idea what this is!), touch up of paint in the living room where there was a big mark, "making good" holes and paintwork where the blinds were (I put the blinds up with his permission and I have the emails where he said it was ok) deep cleaning the oven and replacing the shower curtains which were mouldy.

There is a check in inventory and a check out inventory.

@12stepCAKE I know I wish I had just left it, I can sort of stomach 375 but not 800 + the court stuff :(

@Bunbunbunny: I have asked him and asked him why he is not using TDS and he keeps saying that the TDS only have the power to award the "disputed" amount and that he is not prepared to accept that.

A missing cooker knob is cheap, as is fitting a new door handle.

Stain in ceiling would depend. If there was a leak you did not report or a spillage in a bathroom or a roof leak. But again cheap or an insurance issue.

Shower curtains he cannot claim for. They are consumables.

Holes in the wall from your blinds. No matter you had permission you should have made good. But, like any black marks on walls, they tend to be charged at about £10-20 per hole.

If he is trying to get the place redecorated at your expense he is trying it on and is using his ability to got to court as a threat.

I agree that he is trying it on, a court will see right through that. I definitely wouldn’t commence litigation against him, I would wait for him to make the next move. My understanding is that he’s wrong about the TDS not releasing the deposit without a court order. I think there’s a good chance that he won’t resort to litigation, in which case the TDS will return the £375 to you.

@dilemmadame

LL is claiming for a missing cooker knob, a missing door handle, a stain on the ceiling (I have no idea what this is!), touch up of paint in the living room where there was a big mark, "making good" holes and paintwork where the blinds were (I put the blinds up with his permission and I have the emails where he said it was ok) deep cleaning the oven and replacing the shower curtains which were mouldy.

So all of those things, except maybe the ceiling stain, were your fault/responsibility, and you didn't put them right before you left, so the LL is claiming.

-missing cooker knob - yes a few quid to replace, but there will be call-out fees no doubt, as well as labour, so you could have not lost it in the first place or replaced it yourself? Reasonable deduction by LL.

-missing door handle - how? How does a door handle go missing? If it was broken off the whole thing will need replacing, see above for call-out, labour etc, plus LL might reasonably expect all door handles to match so would have to replace all handles in the property. Again, how did à door handle break? Only other reason is wear and tear but it would need to be an ancient house, or damaged on your original inventory

• stain on the ceiling - could be damp or a leak. Can't think of anything else that would be LLs responsibility to fix - if you've had any sort of cooking/drinking/hair dye accident you need to pay to get repainted. Reasonable deduction by LL.

• touch up of paint where there was a big mark - you made the mark? You touch it up yourself (properly) or LL has to pay to make good, reasonable deduction including costs, labour etc.

• making good holes where you put blinds up - LL agreed to blinds, didn't agree to you leaving holes in the wall afterwards, reasonable deduction including costs, labour etc.

• deep cleaning the oven - MINGING to leave a skanky oven. Pay the fee. (£80 where I live)

• mouldy shower curtain - again, minging. A tenner in Tesco/Wilco etc. Reasonable deduction including costs/labour etc.

I'm not a landlord but have rented for years. Wear and tear is inevitable, you might have had to fight to have a carpet replaced, or a leaking tap fixed. But if you damage something, or your actions have a financial impact before re-letting on your landlord, you suck it up.

*disclaimer I've never had any dispute with TDS as my deposits were always refunded in full due to y'know, looking after other people's stuff

Also if you leave holes in the wall that need filling then the room needs redecorating too.

Basically he retained £375 and gave you back £1125

He said it cost more than the £375 but you decided you didn't want to pay anything. Thus he now want what it actually did coat to rectify not just the £375.

Yes @SeasonFinale I think i should have offered 200 or something. In hindsight I can see I got his back up. x

He's now wanting you to actually pay him more back is that right? I'd hold tight as he would need to take you to court to do that.

You could ring Shelter for advice.

That's the whole point @OliviaBenson he is not bluffing, he WILL go to court now because the TDS wouldn't let me withdraw the dispute and forced him to pay the 800 to them pending a court order. They won't give him the money back even if though I've said I don't want it to go any further :(

He has just written to me to ask for my address for service, what does this mean?

Sorry op, I'm getting confused.

Ring shelter for their advice. If he is wanting to take you to court, there isn't anything you can particularly do. But it might not get there anyway, he could be bluffing.

Can you afford legal advice? Do you have legal cover on your home insurance?

You could put in writing that you dispute the £800 but you are willing to settle with him keeping the £375 (or whatever it is). But seek advice on this. Do the TDS offer any kind of mediation service?

Note- I'm in no way a legal expert on this stuff, just my personal thoughts.

No, TDS only offer the adjudication service and LL won't agree to use that service as the TDS adjudicator only has the power to award him (maximum) the 375 he already has. He said that's less than he is owed and so he wants to go to court.

TDS make the LL pay the money into the scheme when one party raises a dispute so the money is now trapped there until either he gets a court order or I get a court order. I don't want to sue him (I don't even know how!) but I know he will sue me now because otherwise the money is just trapped with TDS forever.

I have legal cover on our new home insurance but it only covers issues relating to the house we bought x

Take a deep breath!

If he has refused TDS adjudication and you have any messages he sent you giving his reasons why, and the deductions he is claiming are as you have posted, any judge will give him VERY short shrift.

The point of deposit schemes was to avoid basic end of tenancy claims clogging up courts.. and this, as you wrote it, is a very basic claim!

Tell the TDS that you will not release the money and want them to adjudicate (just to get that on record if you have not already done so).

Even with COVID19 he has had way way longer than necessary and that too will count against him!

I wouldn’t think that all comes up to £800. Let him take you to court - a judge will be fair towards you. LL will have to provide invoices and it has to be a reasonable quote - he can’t request betterment.

Look, you knew that there was a possibility the £1500 deposit would be retained if the property wasn’t left in the same condition. I think he’s fair to charge for the repaint/holes & oven cleaning. These are things you could have sorted before you left if you didn’t want to be charged. Same with the shower curtain.

With the shower curtain and other things though, did you make him aware of issues with knobs/handles/mould/ceiling leaks etc? It would be different if you complained and he ignored you. I don’t think he can charge you full price though.

Look at this screenshot from:
job-prices.co.uk/tenants-repair-cost-guide/