Tenancy deposit protection scheme - arbitration ?
Discussion
I'm not sure if this is in the right place...but here goes:
Anyone used a tenancy deposit scheme to resolve a dispute between a landlord & Tennant ?
I'm neither; but a work colleague is having a mare of a time.
They've been in the house three years, Landlord returned from overseas, and took back possession.
All OK on every routine inspection, Landlord actually went round with tennant less than a year ago and was happy with condition etc.
However, mr nice Landlord has now turned into Mr Landlord from hell.
Yes there are some discrepancies from the checkin report to checkout - the tenant doesn't dispute this.
However, the landlord has taken upon himself to go the extra mile;
i.e. throughout the check out report, every room is stated that it is of professional quality.
Landlord disagrees & has complained and requested receipt.
There are lots of other things that the tenant disagrees with.
The landlord took possession nearly 4 weeks ago, and has been dragging his feet.
I suggested to the Tennant to put a deadline on the date, and that if it isn't resolve to their mutual satisfaction that he use the deposit scheme to arbitrate.
So, my question - has anyone on here used such a scheme before and had a positive result ?
FYI his deposit is lodged with MyDeposits, who appear to have the highest outcome with the tenant out of all the companies (70/30 in favour of tenant)
Anyone used a tenancy deposit scheme to resolve a dispute between a landlord & Tennant ?
I'm neither; but a work colleague is having a mare of a time.
They've been in the house three years, Landlord returned from overseas, and took back possession.
All OK on every routine inspection, Landlord actually went round with tennant less than a year ago and was happy with condition etc.
However, mr nice Landlord has now turned into Mr Landlord from hell.
Yes there are some discrepancies from the checkin report to checkout - the tenant doesn't dispute this.
However, the landlord has taken upon himself to go the extra mile;
i.e. throughout the check out report, every room is stated that it is of professional quality.
Landlord disagrees & has complained and requested receipt.
There are lots of other things that the tenant disagrees with.
The landlord took possession nearly 4 weeks ago, and has been dragging his feet.
I suggested to the Tennant to put a deadline on the date, and that if it isn't resolve to their mutual satisfaction that he use the deposit scheme to arbitrate.
So, my question - has anyone on here used such a scheme before and had a positive result ?
FYI his deposit is lodged with MyDeposits, who appear to have the highest outcome with the tenant out of all the companies (70/30 in favour of tenant)
There are many posters on PH that have had positive results with tenancy deposit disputes.
Mydeposit on their web site offer tenants excellent advice on how to raise a dispute, which in your work colleague's case, they now need to commence.
https://www.mydeposits.co.uk/tenants/
Mydeposit on their web site offer tenants excellent advice on how to raise a dispute, which in your work colleague's case, they now need to commence.
https://www.mydeposits.co.uk/tenants/
red997 said:
Anyone used a tenancy deposit scheme to resolve a dispute between a landlord & Tennant ?
Yep we have; just the once but they did the required. An utterly crap letting agency in Hastings (no naming... but think of a traditional English tree and something not dissimilar to a meadow...) tried to sting us a few years ago and wanted to deduct (IIRC) about £700 from our deposit on leaving their hilariously badly managed property after just 6 months.
They'd made up charges for non-existent damage and even for "fixing" faults we'd reported when we moved in that they'd refused to address...
Referred to the dispute resolution service as soon as we were able, who reduced the bill to £80.
Obvious muppets were obvious - and in your colleague's case, the landlord disagreeing with the checkout report isn't going to do him (the landlord) any favours. 3 years "fair wear and tear" will give a pretty big allowance for anything short of deliberate damage so your colleague shouldn't hesitate.
No point stressing about getting the landlord to agree to anything; just refer it to the adjudicators and let them deal.
I’ve used the DPS before and contested charges. (Funny how landlords/letting agents expect you to accept them doing essential safety checks after you’ve actually moved in but then try and ream you for every little bit of wear & tear when you move out).
My feeling is that if the check-out report shows the property to have been in good condition when they moved out the landlord will struggle when it comes to a dispute. If they aren’t happy with who undertook the final inspection then their issue is with them now.
DPS may be different but I recall I had to knock back the landlords suggested deductions a few times before the software escalated it to a dispute.
My feeling is that if the check-out report shows the property to have been in good condition when they moved out the landlord will struggle when it comes to a dispute. If they aren’t happy with who undertook the final inspection then their issue is with them now.
DPS may be different but I recall I had to knock back the landlords suggested deductions a few times before the software escalated it to a dispute.
Rangeroverover said:
Go for it.TDS et al always favour the tenant, so you will probably win. Did the agent hand over the 42 page document explaining the AST, if not then he should have had you sign to acknowledge you received it........if you have time on your hands these games can be endless
The TDS don't always favour the tenant. Thankfully.... Tenancy deposit protection schemes generally favour the tenant where it is fairly clear the landlord is requesting excessive sums from the deposit. Many landlords expect their property back exactly how they handed it over to the tenants, not accounting for fair wear and tear. The deposit protection scheme will allow a reasonable contribution towards damaged deemed in excess of fair wear and tear. If there is a check out report that should help as evidence for both parties to ascertain the state of the property at the start and end of the tenancy. It is designed to protect the interests of both parties.
Worth looking on Shelter's website: https://england.shelter.org.uk/housing_advice/tena...
They offer template letters and tell you (the tenant) just what your rights are.
They offer template letters and tell you (the tenant) just what your rights are.
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