To not put the house back to what it was PART 2

[itsallgoneshitflavoured]

Can someone tell me how to link the other thread please? I'm the OP but unable to log in to that account. Then I will update.

Oh and the LL offered £2k back for quick resolution. TDS responded and money back within 3 days. Just stop emailing and apply to TDS

Yep. Dispute. You were there so long they'd be repainting whatever. The one time I had a proper inventory clerk do a check out she was putting lots down as normal wear and tear that I had worried about. And, thinking about it, it was normal wear and tear. We'd lived in the place, but looked after it.

I mean, the landlord is taking the piss, but are you really surprised? You refused to honour your agreement to return the walls to magnolia and then got really uppity, rather than communicating calmly and logically, removing emotion from the situation. You refused to let people in to view and checked out a day later than agreed with what looks like minimal communication about why. It really wouldn't surprise me if the landlord is just doing this for shits and giggles because you acted like such a pain in the arse at the end of the tenancy. They probably don't expect to retain any of the deposit but want to make it as difficult and stressful for you as possible.

@Slippy78

She doesn't have to ask for the invoice, it's all done through the deposit scheme. They have to prove everything and provide invoices for all costs like cleaning. They don't have to provide invoices, the LL doesn't even need to carry out the work that they are charging for. It's compensation for the reduced value of the property, not payment for work carried out.

Just like if you prang my car and the insurance pays me for the fix I don't actually have to mend the car, I can blow it all down the pub if I wish and keep driving round in my dented car.

I was a LL up to earlier this year. When the tenants disputed the costs of cleaning & damages, I provided the invoices for cleaning & replacement carpets, and the invoices for the original, 2 year old, carpets. It helped my case. I didn't provide invoices for the small items, such as a stolen blind but anything I had to replace or mend, I certainly submitted invoices for - it all helped my claim against the tenants. As did photos of the state that they'd left the house in and the check-in and check-out reports.

We got charged because the carpet in the front room had ‘an obvious dog shaped mark’ (they said from a dog curled up in front of the fire). They said they had to replace the whole carpet.

We had no dog, there was no mark and when a friend moved in 6 months later it had the same carpet. These carpets had been down before we moved in and we lived there for ten years.

We got our money back.

Oh op, you needed those photos!! Do you have a partner?

I’m a ll and commented on your other thread. I also think you should take it to the TDS. If you didn’t agree to pay the cleaning, they can’t just do it and make you pay. It all has to be agreed.

As for the carpet, this is considered worthless after such a long period. Normally long term tenants, I just allow to leave. I’ve had some very happy tenants, who have expected charges and haven’t been charged. So what if the oven isn’t clean if I’m replacing it! If there is fresh cat poo, I don’t see how you can be held responsible.

Were you not asked to rectify anything or to agree to pay things before they decided to spend your deposit? The agent and ll sound like charlatans and the reason for tenancy deposit schemes.

@itsallgoneshitflavoured - I cannot believe this is still ongoing!

Have you actually spoken to the TDS?

What is stopping you from raising a dispute and asking for the entire deposit back?

Until you do this, this entire saga will just drag on, and on...

But you both have to give your codes to release the deposit. The LL can’t take anything from you. Until you give your code nothing happens.

OP won't there be photos online from when the house was listed for rent, can you screenshot them?

[quote FlowerArranger]@itsallgoneshitflavoured - I cannot believe this is still ongoing!

Have you actually spoken to the TDS?

What is stopping you from raising a dispute and asking for the entire deposit back?

Until you do this, this entire saga will just drag on, and on...[/quote]
I know, me either. 🤦‍♀️ My official checkout date was the 24th of October, so nearly a month on I'm no closer to a resolution. I've requested the entire deposit back via the TDS but so far haven't had any response from the LL. This is after the official checkout report was only emailed to me on Friday. So I'll wait until Monday and give the deposit people a call and start the dispute then.

I've always put in a request to the relevant scheme for my full deposit back the day my tenancy ends. Maybe something to consider in the future.

What?!! I didn’t realise you left so long ago. I presumed your exit date was recent. The agent has to write to you within 7 days explaining why you they haven’t returned your deposit with monies returned within 10 days of exit.

The agent hasn’t complied at all. How do you even know if the photos were taken during check out? Were they even date stamped? The TDS should hopefully be able to return your money simply due to large amount of time between leaving the property and issuing the report, which makes the report less valid.

Can I also ask what the check in report was like? Tbh this whole discussion could be moot if the check in report is rubbish. The agent sounds like a charlatan so this is likely. A reliable check in report will have a lot of photographs, will describe the state of the decor in every room, the cleanliness of every surface, cupboard, sanitary wear, if and what has been professionally cleaned or is brand new (eg carpets or if the whole house was professionally cleaned), whether everything electric is tested and working and detail everything, which is left in the property right down to lampshades and curtain poles etc. Ditto photographs and description of the outside of the property.

As for exit, normally the agent will issue an exit report, inform you of any deductions they wish to make all within 7 days and presuming it doesn’t go to TDS, return the deposit within 10. Any dispute can then be raised by you after the 7 days. The TDS will ask for evidence from your ll and has to respond within 28 days but normally is faster.

Did you tell the TDS you only just received the check out report?

You must go to dispute ASAP OP you have a very good case so don’t be intimidated. Even more so if they haven’t complied with timescales. Photos don’t always matter. The LL also has to prove their case.

Have a read of the decision making process online at the property ombudsman etc. Lots of info about how they reach a judgement and case studies.

Don’t leave it out of fear. You’ll be ok and it won’t be as hard as you think. Imagine all of the wonderful things you could do with the money. Go for it.

You have to fight this. Maybe not for all back but the garden and carpet is ridiculous

If they didny let you know till friday do they have a leg to stand on? Thats nearly a month after your move out date. That damage could have happened at any point

OP you need to get a move on rather than letting it drag on.

If they didny let you know till friday do they have a leg to stand on? Thats nearly a month after your move out date. That damage could have happened at any point.

It depends on the date of the check out inventory. It could have been done the day after move out but they didn't send the report until now.

The agent has to write to you within 7 days explaining why you they haven’t returned your deposit with monies returned within 10 days of exit.

I believe that the 10 day clock doesn't start until the tenant formally requests the return of the deposit. Any decent landlord or letting agent will return the deposit with 10 days of exit, regardless of whether the tenant asks for it back.

The TDS will ask you to negotiate with the landlord before you can raise a dispute. I'm not sure about other schemes. Do you know if the landlord holds the deposit and has an insurance policy with a deposit scheme or a deposit scheme has the money? If it is insured, you need to deal with the landlord, if it is held by the TDS, you need to request it back online. You can do that today to start the 10 calendar day clock ASAP.

I agree, @chesirecat99, but I think the OP is simply overwhelmed by the whole process. I think I told her in her previous thread that she should formally request the return of her deposit and also talk to the TDS, but she has not done so. It's also not clear how the check-out was actually done.

@itsallgoneshitflavoured...... I know you are feeling very anxious about all this, but the sooner you call the TDS, the less anxious you'll feel. If they are anything like the DPS they will do their best to help you. Whatever you do, please don't let this dishonest landlord or his agents get away with what is rightfully yours

Me again. We're still locked in the arbitration process. I conceded £206 of costs to the landlord, such as for the cat turd removal and the fact that apparently the bin men didn't empty my recycling bin (perhaps due to items that aren't recyclable in my area 🤷‍♀️) and they had to pay for private removal.
We're now in the 'evidence stage' of the process, so presumably the LL will have made sure they got plenty of bullshit lined up to submit to the DP people, and I've got nothing to submit. My own fault obviously, I just totally forgot to take photos in my covid haze.
Am I fighting a losing battle now?