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Our ex landlord started to harass me and my husband about a week after we handed over the keys in early September with her husband and her making foul mouthed phone calls demanding £560 cash for repairs and renovations on top of withholding our deposit. This culminated in her husband trying to gain entry to our new home by climbing over the rear bolted gate. I called the police who advised her husband about his behaviour accordingly. *We then wrote to her asking for the return of our deposit or failing that to go to arbitration through TDS. She took the latter course which resulted in TDS awarding the whole of the deposit to us. However, she also sent us a home-made invoice with no estimates, quotes or invoices attached demanding new for old replacement and sent this to TDS as a “check out report”.
This invoice was totalled as follows – cleaning repairs and renovations (new for old);
SUB TOTAL; £2783.50
WITHHELD DEPOSIT (default registered with TDS); £340.00
TOTAL PAYABLE; £2443.50
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TDS adjudicated as follows;
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The amount in dispute is more than the sum of the deposit. I am only able to award up to the amount of the deposit. I have therefore adjudicated on the issues in this dispute in the order in which they are listed in the landlord’s dispute response form.
Cleaning
The landlord is claiming £250.00 for cleaning at the end of the tenancy. The tenants dispute the claim
saying the property was not clean at check-in.
Having reviewed the check-in/inventory report I note that it did not comment on the cleanliness of the entire property. Furthermore, the report is not dated to show when it was compiled and as such, I cannot be certain that it reflects the condition of the property and its contents at the start of the tenancy. Also, the report it did not contain a general disclaimer to the effect that all items were deemed to be in a clean condition unless otherwise stated. For the avoidance of doubt, if items are described as being in a good condition, TDS regards such statements as indicative of general condition, rather than cleanliness.
The onus is on the landlord to demonstrate the condition and cleanliness of the entire property at the start of the tenancy and to afford the tenant the opportunity to comment on the findings. It is not a tenant’s responsibility to establish the cleanliness of a property, or, in the absence of a general disclaimer, to pass comment on those items/areas where the cleanliness thereof has not been recorded. Therefore, in the absence of other compelling and contemporaneous evidence to show that the property was in a cleaner condition at check-in than at check-out, I make no award for this claim. Award to landlord: £0.00
Damage
The landlord wishes to deduct £1,331.00 for various damaged items at the end of the tenancy. The
tenants dispute the claim saying that they left the property in good order.
The landlord has not provided a contemporaneous check-in report that lists the items which she is
claiming for and their condition at the start of the tenancy. Furthermore, the landlord has not submitted a check-out report and instead she has submitted an invoice addressed to the tenants which is dated more than three weeks after the end of the tenancy. In the absence of an admission from the tenants and in the absence of contemporaneous evidence such as a check-in and check-out report to show that the items were in good condition at the start of the tenancy and that they were in a damaged condition at check-out,
I make no award for this claim. Award to landlord: £0.00
Redecoration
The landlord is claiming £1,202.50 for redecorating at the end of the tenancy. The tenants dispute the
claim. Again, in the absence of contemporaneous evidence such as check-in and check-out report to indicate that the décor was in good condition at the start of the tenancy but deteriorated beyond fair wear and tear during the tenancy, I make no award for this claim.
Award to landlord: £0.00
This case highlights the importance of providing written, comprehensive and contemporaneous check-in and check-out reports to support a claim.
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Just over a week after initiating arbitration for the deposit with TDS the ex-landlord also used his home-made invoice number #01 to claim the full amount (including deposit) from us through Money Claim Online. The claim was submitted on 3 November and is as follows; Claim amount: £2,783.50
Total interest claimed to the date of submission: £5.49
Claim fee: £105
Total: £2,893.99
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We informed TDS of the Money Claim Online Case, but they responded that they were too close to a decision for it to make any difference.
We are disputing this claim through Money Claim Online in the same manner as we did with TDS.
However, it came to our notice that our ex landlord put our old house up for sale in early December. The estate agents’ photographs show the property in the same condition as we left it. We have a timed and dated video of the property from the day we moved out showing its condition plus a letter from a neighbour commenting on the state of the property when we moved in and when we left.
The property is being sold with “Fixtures and Fittings: As Seen” and unchanged from the date we moved out. Money Claim Online were informed of this, however, the TDS adjudication came through two days after the closing date for any submissions to Money Claim Online but was sent by email in any case. When phoned they said it was too late for it to be considered.
My questions are as follows;
Can a landlord claim for deposit retention through two separate agencies?
Can they claim for repairs and renovations that they have not done and apparently have no intention of doing and then on a new for old basis?
My concern is that the landlord is pursuing this claim as a punishment for us moving out. This is because properties in the area are notoriously difficult to sell or rent due to the remoteness of the area, its complete lack of facilities and services plus the fact that properties their have thus lost value over the last ten years (Land Registry).
When we handed over the keys in September the ex-landlord’s husband asked why me we were moving and *I told him that I am suffering from PTSD and am a crutch and wheelchair user after nearly losing my life in November 2018 and because of my condition the property was unsuitable for me. I believe my ex-landlord is deliberately trying to worsen my PTSD by deliberately seeking to make a gain for herself and cause a loss to me and my family. The case now seems to be going for a hearing.
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Any advice please?
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This invoice was totalled as follows – cleaning repairs and renovations (new for old);
SUB TOTAL; £2783.50
WITHHELD DEPOSIT (default registered with TDS); £340.00
TOTAL PAYABLE; £2443.50
*
TDS adjudicated as follows;
*
The amount in dispute is more than the sum of the deposit. I am only able to award up to the amount of the deposit. I have therefore adjudicated on the issues in this dispute in the order in which they are listed in the landlord’s dispute response form.
Cleaning
The landlord is claiming £250.00 for cleaning at the end of the tenancy. The tenants dispute the claim
saying the property was not clean at check-in.
Having reviewed the check-in/inventory report I note that it did not comment on the cleanliness of the entire property. Furthermore, the report is not dated to show when it was compiled and as such, I cannot be certain that it reflects the condition of the property and its contents at the start of the tenancy. Also, the report it did not contain a general disclaimer to the effect that all items were deemed to be in a clean condition unless otherwise stated. For the avoidance of doubt, if items are described as being in a good condition, TDS regards such statements as indicative of general condition, rather than cleanliness.
The onus is on the landlord to demonstrate the condition and cleanliness of the entire property at the start of the tenancy and to afford the tenant the opportunity to comment on the findings. It is not a tenant’s responsibility to establish the cleanliness of a property, or, in the absence of a general disclaimer, to pass comment on those items/areas where the cleanliness thereof has not been recorded. Therefore, in the absence of other compelling and contemporaneous evidence to show that the property was in a cleaner condition at check-in than at check-out, I make no award for this claim. Award to landlord: £0.00
Damage
The landlord wishes to deduct £1,331.00 for various damaged items at the end of the tenancy. The
tenants dispute the claim saying that they left the property in good order.
The landlord has not provided a contemporaneous check-in report that lists the items which she is
claiming for and their condition at the start of the tenancy. Furthermore, the landlord has not submitted a check-out report and instead she has submitted an invoice addressed to the tenants which is dated more than three weeks after the end of the tenancy. In the absence of an admission from the tenants and in the absence of contemporaneous evidence such as a check-in and check-out report to show that the items were in good condition at the start of the tenancy and that they were in a damaged condition at check-out,
I make no award for this claim. Award to landlord: £0.00
Redecoration
The landlord is claiming £1,202.50 for redecorating at the end of the tenancy. The tenants dispute the
claim. Again, in the absence of contemporaneous evidence such as check-in and check-out report to indicate that the décor was in good condition at the start of the tenancy but deteriorated beyond fair wear and tear during the tenancy, I make no award for this claim.
Award to landlord: £0.00
This case highlights the importance of providing written, comprehensive and contemporaneous check-in and check-out reports to support a claim.
*
Just over a week after initiating arbitration for the deposit with TDS the ex-landlord also used his home-made invoice number #01 to claim the full amount (including deposit) from us through Money Claim Online. The claim was submitted on 3 November and is as follows; Claim amount: £2,783.50
Total interest claimed to the date of submission: £5.49
Claim fee: £105
Total: £2,893.99
*
We informed TDS of the Money Claim Online Case, but they responded that they were too close to a decision for it to make any difference.
We are disputing this claim through Money Claim Online in the same manner as we did with TDS.
However, it came to our notice that our ex landlord put our old house up for sale in early December. The estate agents’ photographs show the property in the same condition as we left it. We have a timed and dated video of the property from the day we moved out showing its condition plus a letter from a neighbour commenting on the state of the property when we moved in and when we left.
The property is being sold with “Fixtures and Fittings: As Seen” and unchanged from the date we moved out. Money Claim Online were informed of this, however, the TDS adjudication came through two days after the closing date for any submissions to Money Claim Online but was sent by email in any case. When phoned they said it was too late for it to be considered.
My questions are as follows;
Can a landlord claim for deposit retention through two separate agencies?
Can they claim for repairs and renovations that they have not done and apparently have no intention of doing and then on a new for old basis?
My concern is that the landlord is pursuing this claim as a punishment for us moving out. This is because properties in the area are notoriously difficult to sell or rent due to the remoteness of the area, its complete lack of facilities and services plus the fact that properties their have thus lost value over the last ten years (Land Registry).
When we handed over the keys in September the ex-landlord’s husband asked why me we were moving and *I told him that I am suffering from PTSD and am a crutch and wheelchair user after nearly losing my life in November 2018 and because of my condition the property was unsuitable for me. I believe my ex-landlord is deliberately trying to worsen my PTSD by deliberately seeking to make a gain for herself and cause a loss to me and my family. The case now seems to be going for a hearing.
*
Any advice please?
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