Our T has been eivcted by bailiffs (thanks god). We’re in dispute for deposit now. Most of the amount is unpaid rent, the rest is filthy oven. No point to add dirty flat or anything else because deposit won’t cover it. T is contesting it and wants 100% of deposit back.
We plan to provide the following documents (kindly advise if we missed anyething):
Tenancy Agreement
Inventory
Eviction letter by bailiffs with date of enforcement
Latest bank statements
Letter to T asking to pay the rent due
Photo of dirty oven
Quote for professional oven cleaning
Regarding the last point, will quote be enough or we need to get it cleaned and attach the bill?
What is the time deadline for providing the evidence?
I had a tenant who scratched every glass surface on a balustrade wearing rings/pandora bracelet despite clear guidance in tenants folder about it.
Independent glazier report, flat left damaged unclean…estate agent 30 page report and video of damage…DPS returned all bar £75 to tenants…sadly HMRC came looking for them for 5 figure tax fiddle…and I had their forwarding address…
DPS very biased…my glass still permanently damaged …now I make the tenant pay at the time and do quarterly inspections…any doubts about how my property is treated… I dont renew a tenancy.
Absolutely. We actually were fully prepared to go to small claims court against DPS if they didn’t reward us the whole unpaid rent amount as a bare minimum. They might not have done. But somehow the T agreed.
There’re precedents of successfully suing one Deposit Protection Scheme that other LL kindly reported on one LL association that I’m a member of. I strongly encourge other LL to at least consider it for the following reasons.
TT do a moonflip, and you may never trace them. DPS, however, is here to stay, and is very sensitive to having CCJ against them. We sued one scammy phone company for £30 (plus court fees), so we should know. They wouldn’t refund for dodgy burner phone, so ended up paying x3 more.
Companies like DPSs always have money to pay, unlike some TT.
MCOL is unbiased unlike DPSs and go by evidence.
Do consider it, Alison, if you have another T like that. But you need to collect all the evidence. It’s some extra work but, in our opinion, it’s so worth it. The more LL will do it, the more objective DPSs will be motivated to become. When you talk money, everybody pays attention.
I’d also include a reasonable amount for Cleaning of the flat, regardless that the total claim exceeds the deposit. The TDS scheme arbitrator could reduce each claim - or dismiss them? If your total claim is approved by the scheme, don’t you have the option of a money claim online for the difference - MCOL?
Yes, we could refuse DPS arbitration and go straight for MCOL. But there’s always hope that it will work without us spending the money to file the case. And it did, this time. But only because T agreed to it. We didn’t charge them any eviction fees or cleaning fees. Or for the holes in the walls. So, all in all, not a bad value for them.
Nice one, Tim! Des makes it easier when they realise they’re out of order. Agree, suck up issues you know you can sort yourself if it gets rid of them and you’re not too much out of pocket(
