New tenancy problem

[marypoppins]

Re: New tenancy problem

I'm almost too nervous to ask for an update on this

It's in the hands of My Deposits!

I will update in due course.

[marypoppins]

Re: New tenancy problem

LL claim £644.96

Adjudicators decision LL - £189.74

Tenants - £455.22

LL was awarded 25% of the cleaning claim (my deposits wouldn't accept the photo's submitted by the tenants as evidence because they weren't dated) however they based it on the check in inventory from Aug 13 and the check out inventory which the LL produced, but was dated 14 days after vacating the property. This apparently showed light cleaning required but after 14 days that was to be expected.

LL awarded £8.00 for the doorbell.

LL denied £35 for a net curtain track because no evidence was provided to confirm that it was missing at the end of the tenancy.

LL awarded £85 for replacement oven extractor bulb and repair to extractor fan. (these were not tested on occupation but just noted in the check in inventory so I think a 50/50 split may have been fairer but you live and learn)

LL awarded 25% for the replacement of the kitchen worktop. They agreed that a loss may have been incurred but the 'invoices' produced are 'persuasive' as evidence of payments made and they did not indicate that this expenditure was incurred as a direct result of a breach of the AST by the tenant.

LL denied the claim for the check out fee of £130 because no evidence could be produced to confirm that this was agreed. It isn't mentioned in the AST and no signed T & C's could be provided.

The tenants are happy with the result and as they were expecting to pay a check out fee which wasn't awarded, their loss is about £25 all in all.

I hope the LL treats the new tenants better but I somehow think not!

When a dispute is submitted to the deposit schemes, does this go against the LL as a 'black mark'?

[PlanB]

Re: New tenancy problem

The tenants are happy with the result and as they were expecting to pay a check out fee which wasn't awarded, their loss is about £25 all in all.

That's a great result

Although I do think it was outrageous to charge the tenants 25% of the kitchen worktop since the Adjudicator admitted there was no evidence that they had breached the terms of their tenancy agreement. I do hate the way adjudicators and/or mediators feel that everyone has to think they've 'won' so they award things which aren't supported by the legal contract (aka the AST).

Good news that the Landlord's lie about the net curtain was thrown out.

Tenants should never have to pay for the Check-Out Inventory unless it's explicitly stated in the tenancy agreement, so that decision to deny the cost was a victory for common sense.

The repair to the extractor fan is annoying. How can a tenant possibly break an extractor fan? They seldom break, but when they do it's usually from 'old age' when a mechanical part dies. Paying for the bulb is reasonable but I think it wasn't fair to charge for that repair (depending on what was wrong with it). I mean everything has a lifespan so that could have been wear 'n' tear.

Now the biggest task ahead is for you to extract the money from your son since you paid for the deposit in the first place. Good Luck with that

[IF]

Re: New tenancy problem

Well done marypoppins and planB

[PlanB]

Re: New tenancy problem

When a dispute is submitted to the deposit schemes, does this go against the LL as a 'black mark'?

Sorry to disappoint but there are no black marks awarded against a Landlord for having a deposit disputed because some of the time the disputes raised by Tenants are malicious, vindictive, vengeful or just 'trying it on' (not that I'm biased you'll understand ). Tenancy deposit disputes tend to be more emotional than financial in my experience.

However they are recorded against the Landlord's file and if mydeposits see a pattern forming (every deposit withheld gets disputed by the Tenant and upheld) then I'm sure it will flag up each time a new dispute comes along.

Mydeposits uses external adjudicators and the Decisions are made public using anonymity such as Miss X or Mr Y similar to the FOS Decisions. I usually refer Tenants to those before they raise a dispute because it's a good way to manage their expectations.

You can view case studies here > http://www.idrs.ltd.uk/?p=9&lang=e

[marypoppins]

Re: New tenancy problem

I agree PlanB, there are some unfair deductions but I don't think there's any right of appeal is there?

It's highly unlikely that I'll get the money back from him but we shall see.

He's now in a house with a good landlord and is much happier.

He was a lot more switched on when the check in was done and the guy that did it was very thorough.

Thank you for all you help and advice along the way, it was very much appreciated.