TDS from the landlord's side
Discussion
All I need your help. Has anyone been through the TDS dispute process as a landlord? If so what useful advice can you give me?
Short story is we rented our house out for just over 3 years and come back to a complete nightmare both inside and outside the house. We have an independent inventory at the start and finish of the let and the managing agents we used have reviewed that and come to a schedule of costs for the tenants to pay. the tenants are now disputing this and taking it through the TDS dispute process.
So far I have taken lots of pictures to compare current state with the state upon the start of the let and also getting quotes for some of the work required but I would like to be as organised as possible in my submission to back up my costings.
If anyone has been through the process and can offer advice that would be gratefully received.
Just to add, I'm not taking the piss with these tenants. I've been a tenant and always had 100% of my deposit back and I know what a pain some landlords can be. The monies are for damage way in excess of the normal level from expected wear & tear over a 3 year let.
Thanks
Chris
Short story is we rented our house out for just over 3 years and come back to a complete nightmare both inside and outside the house. We have an independent inventory at the start and finish of the let and the managing agents we used have reviewed that and come to a schedule of costs for the tenants to pay. the tenants are now disputing this and taking it through the TDS dispute process.
So far I have taken lots of pictures to compare current state with the state upon the start of the let and also getting quotes for some of the work required but I would like to be as organised as possible in my submission to back up my costings.
If anyone has been through the process and can offer advice that would be gratefully received.
Just to add, I'm not taking the piss with these tenants. I've been a tenant and always had 100% of my deposit back and I know what a pain some landlords can be. The monies are for damage way in excess of the normal level from expected wear & tear over a 3 year let.
Thanks
Chris
As a landlord I can’t say I have much confidence in the TDS dispute procedure, as with the small claims courts, I consider them to be loaded in favour of the tenant.
I do protect my tenant's Deposits under the Housing Act 2004. and merely to keep within the legislation, rather than any confidence in the impartiality of the TDS dispute procedure.
By coincidence of your post, I have today been informed by the TDS that an ex tenant has raised a dispute for a deduction I made against a Deposit. The deduction, just 50 pounds for a broken bathroom sink, I never deducted any monies for the filth in the kitchen, bathroom etc., if I had, then how can photographs truly substantiate dirt, filth to someone acting as mediator sat at a desk some 100 miles away?
I do protect my tenant's Deposits under the Housing Act 2004. and merely to keep within the legislation, rather than any confidence in the impartiality of the TDS dispute procedure.
By coincidence of your post, I have today been informed by the TDS that an ex tenant has raised a dispute for a deduction I made against a Deposit. The deduction, just 50 pounds for a broken bathroom sink, I never deducted any monies for the filth in the kitchen, bathroom etc., if I had, then how can photographs truly substantiate dirt, filth to someone acting as mediator sat at a desk some 100 miles away?
Agreed it's tricky. All photos can do is say "look how it was at the start of the tenancy and look how it was left - do you think this is reasonable?" I think the inventory at the start and end of the tenancy is the key document we are going to have to rely on. Fortunately this makes it very clear that the standard of cleaning is unacceptable and notes sundry broken items as being beyond fair wear & tear.
Speaking with others it looks like TDS is very much in favour of the tenant I guess as a consequence of some landlords taking the piss in the past.
Oh for a body that really is independent and listens to both sides equally !
Speaking with others it looks like TDS is very much in favour of the tenant I guess as a consequence of some landlords taking the piss in the past.
Oh for a body that really is independent and listens to both sides equally !
Agree, I am presently attempting to let a flat via a letting agency.
Whilst waiting to show potential tenant around the property, I was discussing the merits of the TDS dispute procedure. The letting agent was firstly very surprised that I did not charge departing tenants for cleaning the premises, or for replacing light bulbs etc., and I pointed out that there are some landlords who are simply rip off merchants. The letting agent gave various examples of landlords seeking deductions from Deposits, to recover the cost of where a tenant had moved a TV, furniture into a different room in the premises, the landlord wanting monies for moving the effects back into the original room. Another example was where a tenant had lost the remote for the TV, the landlord wanting a deduction of monies to cover the cost of buying a brand new replacement TV.
Whilst waiting to show potential tenant around the property, I was discussing the merits of the TDS dispute procedure. The letting agent was firstly very surprised that I did not charge departing tenants for cleaning the premises, or for replacing light bulbs etc., and I pointed out that there are some landlords who are simply rip off merchants. The letting agent gave various examples of landlords seeking deductions from Deposits, to recover the cost of where a tenant had moved a TV, furniture into a different room in the premises, the landlord wanting monies for moving the effects back into the original room. Another example was where a tenant had lost the remote for the TV, the landlord wanting a deduction of monies to cover the cost of buying a brand new replacement TV.
TallPaul said:
How have the letting agents allowed the property to get into such a poor condition? I doubt you'll get much joy with the TDS, it is very loaded towards the tenant, you'd be better off persuing the agents.
That is a very good question. Suffice to say the reports we were given whilst we were overseas did not gel at all with the condition upon our return. We were told everything was being kept in excellent condition. I will ask them to supply copies of the inspection reports to make sure this ties up with the emails sent to us. You're the second person to suggest a claim against the agents so will look into this if all fails at the TDS.Thanks
Chris
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