I am in a situation where I have given the deductions to the tenants and they do not agree. However, tomorrow is 10th day after they left the house so by law I have to return the deposit then (as far as I know). The tenants only offer me £300 (instead of £1400) or they will take me to dispute. Should I do something or leave them to take me to dispute?
I don’t know how this works, as always agreed with tenants before logging claim, so have never gone to dispute, but would be surprised if the Openrent website or the deposit providers website did not guide you.
There is a big difference between your claim of £1400 & their offer of £300. I trust you have all of you inventories etc in order as justification for your claim, as otherwise it’ll likely not go in your favour.
We have done inventories when they moved in and out.
I am just worries as they mess us around so we miss the deadline.
There is no 10 day deadline
It’s a recommendation not law
Which scheme are you with ?
is it insured or custodial?
TDS insured give three months to sort it out before they mediate
Just write back to the tenant
If you disagree let them take it to dispute
Either party can dispute but you have to have solid evidence
You’ll get an email from the dispute team . Just follow the instructions .
If you are taking pictures make sure it’s well labelled so the adjudicator knows what it is
A close up mark with no reference is utterly useless to them
They have online tutorials you can swat up on what you need before you claim
It’s a lot of work so try and get the tenants to negotiate
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If it goes to dispute so be it.
Provide before and after photos, and receipts for cleaning, repair, materials, workmens reciepts and contract etc.
Ideally you photos the tenant signed and dated when they moved in.
If you can verify the damage is not acceptable then you stand a chance.
It is all about the evidence.
I am on Custodial and have just contacted them to see if they suggest something
They never signed the Inventory, but it was done by external company
Just let it go to arbitration, although you should be realistic about the amount you’re likely to get. Don’t forget its not new for old, you have to allow for wear and tear, you have to take account of the age and condition of the item at the start of the tenancy and you don’t get much for cosmetic damage.
Worst is that they chipped the quartz in the kitchen .. and also walked with shoes inside so the beautiful wooden floor needs a repair.
Should I start a release of the deposit to the amount we think is appropriate. The deposit is custodial and I can do it in the tool I guess..
Walking with shoes in the house is not unreasonable and will be seen as such by the adjudicator. I suggest you focus on the damage and not speculate about causes.
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Chipped quartz in a worktop can be repaired and you can make a reasonable deduction from deposit for that. Keep receipt from contractor. If you do it yourself, you can only charge for materials and not labour. Wear and tear on wooden floor you’ll get nothing from an adjudicator unless you can show that the wear and tear is excessive for the age of the flooring (basically floor must have been new or very nearly new).
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Having suffered a loss several times due to the TDS or the other siding with the tenant when I have clearly been in the right,I think they are mandated by our Govt to do this. I no longer do custodial and do insured only. The money is in my hands now.
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Interestingly and to my great surprise I was awarded the entire deposit for a scratched floor .
My claim was considered and careful .
I claimed only a small amount but submitted a quote for redoing the floor . The dispute resolution person found entirely in my favour . I believe it was because I was respectful and reasonable throughout the different items in claim and tenant was clearly not . I didn’t even have a signed checkout inventory as he didn’t leave when promised and I was right bang upto the time when new tenants moved in .
That’s wonderful news. It’s good to hear you won something as it always appears to go to the tenant.
I had an email from TDS asking me to refund the agreed deposit refund (after a dispute) in two working days, from a dispute last October, otherwise they would reopen the dispute. The tenant alleged he was never refunded his share of the deposit! I showed them the bank transfers from last year to prove money was refunded so they shut his claim down.
Unnecessary work.
It was a first for me that a tenant was literally trying to get a double refund. Where do the scams end?
Make sure your photos are date stamped. make it simple and easy for the arbitrator, they are paid peanuts and it’s maybe just a student getting beer money to arbitrate.
outcomes in my experience are heavily biased towards the tenants so expect nothing and consider anything above a bonus.
if you are on an insurance scheme the tenants are against the clock not you they might be willing to go a bit more for a fast settlement.
Historically MyDeposits I have found to pay out the least and with arbitrators who seem inexperienced in their summations . DPS I found pedantic. TDS being the best of the 3. We had a 40 unit portfolio and found it a drain on resources to complete the forms so always tried to settle. It is inherently a biased system as a tenant can bang in a challenge and the LL has to do the proof so even if you win you lose as a LL. It is similar in some ways to employees claiming unfair dismissal, they can just fill in a form and then it’s a big load on the company to defend it.
good luck
Yes.
Get your claim in and let them dispute it.