Has anyone complained to The Dispute Service?

[sb6699]

Apologies in advance as I know this is going to be a long-winded ramble.

Basically my ex-LL decided to keep £1500 of our deposit mostly for redecorating.

When we moved in the house was in a terrible state and we repainted, laid new flooring, replaced curtains, etc and the house was actually in better condition when we moved out than it was to start with (although not perfect).

We took it to the Dispute Service who took £500 off the full amount but still awarded him the full amount for redecorating the living room and utility.

We didnt receive the check in report until 2 years after we moved in and it was full of errors (rooms stated as being different colours etc) and did point this out to the TDS.

Despite this and the fact their rules say the LL had to PROVE the state of the property they have decided to include the check in report even though it wasnt signed which we think is wrong.

Also the check in report says "the property was in good decorative order with normal wear and tear which is heavier in the living room". Surely this is a contradiction in terms and even if the TDS dont believe that we repainted they still should not have awarded him the FULL amount as this would be classed as betterment which isnt allowed.

Also the utility needed repainting due to water damage as the roof was leaking but the TDS have ignored this as we didnt have any proof (i dont know the builder who carried out the repairs as we were out when he came and obviously his receipt was sent to the LL). How do I prove this?

The LL also claimed for removing rubbish from the garden (he provided statements from 2 of his employees and an invoice to himself as proof!) namely a garden table and barbecue. We sent them photographic evidence that these were in our new garden but again these were ignored and he was awarded a full amount.

The rules for complaining just seem so difficult and I'm not quite sure how to about things.

Can anybody help?

I cannot believe that without inventories or check in ./ out reports this has gone against you.

I don't believe you can appeal a TDS decision and I have never known one go in the landlord's favour like that.

You need some proper advice if you wish to pursue this, with all documentation being shown so the wording etc can be seen.

I would suggest you take it to the Small Claims Court if you are really unhappy.

Did you have permission for any of the redecorating you did?

When we first contacted TDS they said that without a SIGNED check-in report the LL would have to prove the condition of the property. That is why I'm so fuming.

The check-in report also states that the wallpaper was even lifting in places so surely if he's going to include it then he has to bear its comments in mind when making his decision.

We cant appeal but we can make a complaint but their rules are ridiculous. They can basically throw out any complaint on a whim by the looks of their website.

I really didnt want to go to court as if I lose there as well I am opening myself up to the possibility of having to pay his costs - and him being a millionaire are going to be extortionate as he will have the best representation money can buy!

If I go to court I will have to prove that the utility was water damaged and I cant do that anyway. The LA would probably have a copy of the receipt but his last words to us were "I work on behalf of the LL not you and he has instructed us not to enter into any communications with you".

I am so disillusioned with the TDS - I really thought they would they would have looked at it and realised he was being ridiculous.

Meant to say, the when we repainted we kept it all magnolia as it was just freshened it up.

Well in that case you have to put it behind you.

You are going to round in circles beating yourself about it and have no way out.

So draw a line under it and walk away.

I really wish I could but feel as if I did that then I'm giving him the authority to take £1000 of MY money when he knows he shouldnt be.

The real stumbling block is the LA, he can prove everything I'm saying is true but just wont get involved. Surely if he doesnt have a legal responsibility to make sure his client doesnt act fraudulently then he at least has a moral one!

Do you have any idea where I can get professional advice?

Thanks for responding btw (I hoped you would see it). You helped before when I was panicking because I had just received the inventory and knew something was amiss. I did follow your advice about getting it professionally cleaned etc just so you know your posts arent falling on deaf ears!

You are in a tricky position. ANd to get legal advice is going to cost you money. Moving forward in anyway is going to cost you money.

And you are asking the letting agent follows a moral code!! I think you know that is not true. There are some exceptions but on the whole most Letting Agents won't get involved, particuarly against their own client (which is what the landlord is).

You should try Shelter or the CAB in the first instance.

But I really do think you are going to lose this one. Not saying it is right.

But fighting it will cost you money and it is unlikely that anybody will find against TDS to be honest. Again wrong but that is how it is.

I think I will go and see CAB and show them what documentation I have and take it from there.

Thanks again.