Tenancy Deposit Scheme award short of costs?

by Readers Question

8:56 AM, 9th December 2019
About 2 months ago

Tenancy Deposit Scheme award short of costs?

Make Text Bigger
Tenancy Deposit Scheme award short of costs?

I have over a £650.00 repair bill but I have only been awarded £65.00 by the Tenancy deposit scheme. My agent advised me that there is nothing I can do.

However, I have spoken to TDS who advised me that if the agent sends in certain details. They can advise me how they came to that decision.

Has anyone had any success with challenging a TDS decision?

Many thanks

Jane

Editors Note:

Please see TDS deposits dispute page >> https://www.tenancydepositscheme.com/deposit-disputes.html

What a TDS adjudicator looks for:

An adjudicator can only adjudicate based on the information they are provided, and will not contact the parties for follow up information or
supporting evidence.

You need to show clearly to the adjudicator:
• what is being claimed for;
• how much is being claimed;
• why you think you are entitled to be paid;
• that the amount you are claiming is justified and reasonable.

Top tips:

DON’T expect the adjudicator to work out what you are claiming for or how much you are
claiming for each item.

DON’T forget about the rest of the deposit. If the amount in dispute is less than the full deposit,
remember to tell us what is happening to the rest of the deposit. It can save problems later on.

DO subtotal your claim on the Dispute Application and Dispute Response. For example:
• if there are several items of damage, add them up and put in the total claimed for damage in
the figures boxes on the Dispute Application and Dispute Response;
• if you have several invoices for cleaning, add them together and put the total claimed for cleaning in the figures boxes on the Dispute Application and Dispute Response.

When you come to explain your claim in more detail (see Step 2) you can give a breakdown of the individual items.

 



Comments

Neil Patterson

8:59 AM, 9th December 2019
About 2 months ago

Hi Jane,

Please see my editors notes above and follow the link on to how to present your claim.

The burden of evidence is on the landlord as it is assumed the deposit is the tenant's money. If you are not explicit in the details and evidence for the claim it is very unlikely to be found in your favour.

David Dorset

10:48 AM, 9th December 2019
About 2 months ago

My advise is don't waste your time. I had a flat that doesn't have damp but one particular tenant immediately within the first month had mould growing. I briefed him (young lad) on how to air the flat and not to dry washing on airers etc. I also offered him a small dehumidifier on free loan if he wanted.
The flat was left with mould stains in it and then when the claim for damage was disputed by the tenant the TDS said the flat must have damp because i supplied a dehumidifier. I argued it and the said they could reverse the decision if i supplied a surveyors report stating the flat did not have damp. The cost of a surveyors report far outweighed the cost of the damages.
Hence i am now a big fan of no deposit tenancies.
The TDS are not trained sufficiently in property condition matters and cannot talk at a decent level of knowledge on subjects like rising damp versus condensation.

Neil Patterson

15:16 PM, 9th December 2019
About 2 months ago

From the DPS website with video >> https://www.depositprotection.com/learning-centre/disputes/preparing-for-disputes-the-check-in/

Did you know that preparing for a deposit dispute starts at the beginning of a tenancy?

When tenants and landlords disagree about claims at the end of a tenancy, it enters the dispute resolution process. At that point our team of legally trained adjudicators look over evidence to reach a final decision on how the deposit should be returned.

Our adjudicators have resolved over 97,000 disputes so we’ve asked them what makes the best evidence when entering a dispute. Here’s Christy, from our adjudication team, to tell you how to prepare for disputes by performing a great check-in.

Dave Stanger

12:57 PM, 10th December 2019
About 2 months ago

Much more effective is DO NOT take a damage deposit. Alternative strategy is to ensure you have a home owning guarantor at the start of the tenancy. Send them an invoice for damages/cleaning etc asking them to pay the bill within 7 days. If they refuse point out you are taking them the county court where, if successful they will have to pay and also receive a ccj. I have not taken a damage deposit since my first and only dispute. I have threatened tenants with small claims court twice.

David Dorset

13:43 PM, 10th December 2019
About 2 months ago

Dave Stanger. I agree. Use the rules and procedures that work best for you. Many landlords are pre programmed that they must have a deposit but all in all it is a hassle and in my opinion not fit for purpose.


Leave Comments

Please Log-In OR Become a member to reply to comments or subscribe to new comment notifications.

Forgotten your password?

OR

BECOME A MEMBER

Advance Payments - Kicking the can down the street

The Landlords Union

Become a Member, it's FREE

Our mission is to facilitate the sharing of best practice amongst UK landlords, tenants and letting agents

Learn More